Loading...
HomeMy WebLinkAbout2009-12-01; City Council; 20043; Police Canine GrantCITY OF CARLSBAD - AGENDA BILL 20.043AB# MTG. 12-1-09 DEPT. POLICE POLICE CANINE GRANT DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: City Council adopt Resolution No. 2009-290 accepting and appropriating funds from the San Diego Police Foundation K9 Regional Assistance Project for the purchase of a replacement police canine. ITEM EXPLANATION: The San Diego Police Foundation K9 Regional Assistance Project is a grant to expand and enhance the work of police canine units throughout San Diego County. Eligible items include training, equipment, and the replacement or addition of service dogs not funded through an agency's operational budget. Carlsbad Police Department requested funding and has received approval from the San Diego Police Foundation K9 Regional Assistance Project for the replacement of police services canine "Raven" who is scheduled to retire in December 2009. Police canines provide a valuable service to the department and the community by assisting in the location and apprehension of suspects and increasing officer safety. Often, simply the presence of a highly trained police dog is enough to deter a suspect from attempting to flee, fight, or hide. The proper deployment of a canine team enhances the safety of officers and the public and can reduce the likelihood of injury to a suspect. FISCAL IMPACT: Costs associated with a replacement canine are estimated to be $12,700. This includes the dog's cost, tax, and training. These expenses are eligible for full reimbursement by the San Diego Police Foundation's K9 Regional Assistance Project. ENVIRONMENTAL IMPACT: None EXHIBITS: 1. Resolution No. 2009-290 accepting and appropriating funds from the San Diego Police Foundation K9 Regional Assistance Project to replace a retiring canine. DEPARTMENT CONTACT: Lynn Diamond 760-931-2170 lvnn.diamond@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D 1 RESOLUTION NO. 2009-290 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING AND 3 APPROPRIATING FUNDS FROM THE SAN DIEGO 4 POLICE FOUNDATION'S K-9 ASSISTANCE PROGRAM TO REPLACE A RETIRING POLICE CANINE. 5 6.. WHEREAS, the San Diego Police Foundation offered a competitive grant to 7 expand and enhance the work of police canine units throughout San Diego County; and8 WHEREAS, eligible items in the grant include training, equipment, and the replacement or addition of service dogs; and 11 WHEREAS, Carlsbad Police Department has a need to replace a canine who will 12 retire from service in December 2009; and WHEREAS, the Carlsbad Police Department has received approval from the San 14 Diego Police Foundation to fund a replacement police canine; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 16 Carlsbad, California, as follows: 17 1. That the above recitations are true and correct. 19 2. That Council accepts funds from the San Diego Foundation K9 Assistance 20 Project. 21 3. That the Finance Director is authorized to appropriate $12,700 to replace a 22 retiring canine, including the dog's cost, tax, and training. 23 // 24 25 26 27 28 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council 2 of the City of Carlsbad on the day of. 3 2009, by the following vote, to wit: 4 5 AYES: 6 NOES: 7 ABSENT:8 9 10 11 CLAUDE A. LEWIS, Mayor 12 13 ATTEST: 14 15 16 LORRAINE M. WOOD, City Clerk (SEAL) 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF CARLSBAD - AGENDA BILL AB# 20,044 MTG. 12/01/09 DEPT. PW/GS AWARD OF CONTRACT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES BID NO. 10-02, TO REPUBLIC INTELLIGENT TRANSPORTATION, INC. DEPT. HEAD /*%£? CITY ATTY. ^2^ CITY MGR. I ,>— -VA' RECOMMENDED ACTION: Adopt Resolution No. 2009-291_ accepting the bid and awarding the contract to Republic Intelligent Transportation, Inc. dba Republic ITS, for Traffic Signal Maintenance Services, Bid No. 10-02, for an amount not-to-exceed $1 ,352,270 in the initial two year agreement term. ITEM EXPLANATION: The City of Carlsbad utilizes contracted traffic signal maintenance services for one hundred and sixty- seven signalized intersections in the City of Carlsbad. This service has been traditionally performed by a service contractor. Utilizing a service contractor allows the City to provide these services without the need to increase staffing, purchase and maintain expensive specialty equipment and allows staff resources to be allocated to our core maintenance functions. On August 24, 2009, the City Clerk published a Notice Inviting Bids for this service agreement. In addition, staff sent notification of the pending agreement to nine vendors in the southern California metropolitan area. Three vendors attended the mandatory pre-bid meeting held on September 16, 2009. One bid was received, opened, witnessed, and recorded on September 29, 2009. The bid received from Republic ITS totaled $676,135 per agreement year. Although staff did attempt to attract additional bids, there are very few vendors that perform the comprehensive traffic signal maintenance and repair services required by the City of Carlsbad and provided by Republic ITS. Republic ITS is the current contracted traffic signal maintenance vendor for over 50 public agencies in the southern California metropolitan area. This agreement was previously bid in 2003. Only two bids were received at that time and Republic ITS was awarded the agreement. Staff has evaluated the bid from Republic ITS and has determined that it is a responsive bid. Republic ITS has provided the City of Carlsbad with traffic signal maintenance services for the last fifteen years and have provided top quality services. Republic has demonstrated the ability to provide full service traffic signal maintenance services including replacement of traffic signal controllers, traffic signal poles, masts and associated signal equipment as well as routine maintenance and repair services. Staff recommends that Council approve this agreement for a two year period and authorize the City Manager to approve a maximum of two additional two year extensions. There are two primary reasons for establishing a two year cycle with this and other major maintenance agreements. Two year agreements establish a cost basis for two years instead of the traditional one year period and limit cost of living compensation increase requests over the life of the agreement. General Services also administers dozens of large and complex maintenance agreements. Extending the agreement period to two years minimizes the number of amendments to extend and greatly reduces the staff overhead required to process these amendments. DEPARTMENT CONTACT: Dale A. Schuck, (760) 802-5788, dale.schuck@carlsbadca.aov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED D DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 ENVIRONMENTAL IMPACT: This project is a Class 1 categorical exemption (minor alteration of existing structure or facilities) and is, therefore, exempt from the environmental review process under provisions of the California Environmental Quality Act (CEQA), Section 15301(c). FISCAL IMPACT: Staff wishes to inform Council that the bid is intended to establish bid item costs for each individual item of work. This agreement was bid based on an agreed price for 17 separate routine maintenance and repair activities that occur during normal business hours. The agreement was also bid on a time and materials basis for non-routine repair activities that occur during normal business hours and after normal business hours. Expenditures in the previous contract year for these services exceeded $425,000. The total contract value is above this amount as traffic signal repair services are somewhat unpredictable. The vendor will be paid on an agreed price and/or time and materials basis for actual work performed as directed by the City. Actual payment to the contractor is expected to remain at current expenditure levels for the initial two year agreement period. The cost to replace a controller cabinet that is involved in a traffic collision is estimated at $25,000. The cost to replace a large signal pole is estimated at $25,000 to $35,000 and the cost to replace a small signal pole is estimated at $8,000. These repair costs are not predictable or preventable, as they usually occur due to vehicle accidents. The number of vehicle accidents can vary greatly from year to year. Staff attempts to recover restitution from responsible parties for these repairs. Additionally, authority to spend above the current expenditure level is needed to maintain additional infrastructure as it is completed and accepted by the City, to insure that contractually acceptable cost of living increases can be accommodated and to ensure that funds are available in the event that the actual work exceeds the current estimates indicated in the bid documents. Future contract expenditures will be determined by City needs and appropriations to the budget from Council. This contract is funded from the Traffic Signal Maintenance Operating Budget - General Fund. Sufficient appropriations are available in the Traffic Signal Maintenance Operating Budget - General Fund to fully fund the current anticipated needs of the agreement. Contract Years Contract Years 1 & 2 Contract Years 3 & 4 Contract Years 5 & 6 Total Not-To-Exceed Contract Amount Contract Amount $1,352,270 $1,352,270 $1,352,270 $4,056,810 In summary, this is up to a six-year Traffic Signal Maintenance Service agreement based on the selected best value contractor's bid of $676,135 per agreement year. As such, the total contract cost for the initial two year agreement period is $1,352,270. Staff requests that Council authorize the City Manager to extend the agreement for two subsequent two year agreement periods. The not-to- exceed limit of the agreement total $4,056,810 for six years. The actual annual payments to the contractor will be based on the costs of services provided within each two year term of the agreement. PageS EXHIBITS: 1. Resolution No. 2009-291 accepting the bid and awarding the contract to Republic Intelligent Transportation, Inc. dba Republic ITS, for Traffic Signal Maintenance Services, Bid No. 10-02, for an amount not-to-exceed $1,352,270 in the initial two year agreement term. 2. Traffic Signal Maintenance Services Contract. 1 RESOLUTION NO. 2009-291 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 23 24 25 26 27 28 CARLSBAD, ACCEPTING THE BID AND AWARDING THE CONTRACT TO REPUBLIC INTELLIGENT TRANSPORTATION INC., DBA REPUBLIC ITS, FOR TRAFFIC SIGNAL MAINTENANCE SERVICES, BID NO. 10-02, FOR AN AMOUNT NOT-TO-EXCEED $1,352,270 IN THE INITIAL TWO YEAR AGREEMENT TERM OF THE AGREEMENT. WHEREAS, the City of Carlsbad requires the services of a traffic signal maintenance service contractor; and WHEREAS, proper bidding procedures have resulted in the City's receipt of a bid from a qualified contractor, Republic Intelligent Transportation, Inc. dba Republic ITS; and WHEREAS, a best value evaluation consistent with Carlsbad Municipal Code Section 3.28.060 was performed by staff and has resulted in staff's determination that the bid submitted by Republic Intelligent Transportation, Inc. dba Republic ITS., at $676,135 per agreement year is the best value to the City of Carlsbad; and WHEREAS, staff recommends award of the contract for Bid 10-02 Traffic Signal Maintenance Services to Republic Intelligent Transportation, Inc. dba Republic ITS., in an amount not-to-exceed $1,352,270 in the initial two year agreement term; and WHEREAS, staff recommends Council authorize the City Manager to extend the agreement for two subsequent two year agreement periods to a maximum compensation amount 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 of $4,056,810 during the maximum six year life of the agreement to ensure that funds are available18 to add work during the agreement years as infrastructure is completed and accepted by the City, 19 to ensure that funds are available in the event that the actual work totals exceed the estimates 20 indicated in the bid documents, and to ensure that sufficient funds are available to fund increases 21 in compensation to the contractor in an amount not-to-exceed the Consumer Price Index for San 22 Diego County in the preceding two year term; and WHEREAS, sufficient appropriations are available in the Traffic Signal Maintenance Operating Budget - General Fund to fully fund the agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 4 1 2. The bid of Republic Intelligent Transportation, Inc. dba Republic ITS., 371 Bel 2 Marin Keys Blvd., Suite 200, Novato, CA 94949, is the best value. 3 3. The bid of Republic Intelligent Transportation, Inc. dba Republic ITS, is hereby 4 accepted. 5 4. That the maximum compensation amount will not exceed $4,056,810 over the 6 maximum six-year period of the agreement. 7 5. That the City Manager may extend the agreement for two subsequent two year agreement periods.8 6. That the Mayor of the City of Carlsbad is hereby authorized and directed toy execute an agreement with Republic Intelligent Transportation, Inc. dba Republic ITS for an amount not-to-exceed $1,352,270 in the initial two year agreement term, a copy of which is attached, for and on behalf of the City of Carlsbad. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 $ 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the 2 City of Carlsbad on the day of , 2009, by the following vote, to wit: 3 4 AYES: 5 NOES: 6 ABSENT: 7 8 CLAUDE A. LEWIS, Mayor 9" 10 ATTEST: 11 12 LORRAINE M. WOOD, City Clerk 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6? AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES Republic Intelligent Transportation Services, Inc. dba Republic ITS THIS AGREEMENT is made and entered into as of the day of 20 , by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Republic Intelligent Transportation Services, Inc. dba Republic ITS, a corporation, ("Contractor"). DEFINITIONS Repair: Authorized service work to equipment and systems required to preserve and protect any City owned or maintained Traffic Signal systems as specified in this Agreement. Installations: Traffic Signal equipment installation and adjustment required to preserve and protect any City owned or maintained Traffic Signal systems as specified in this Agreement. Maintenance: Any routine, recurring, and usual services or ROUTINE maintenance on existing City systems necessary for the protection or preservation of any City owned or maintained Traffic Signal systems as specified in this Agreement. Demolition: The removal of Traffic Signal equipment required to preserve and protect any City owned or maintained Traffic Signal systems as specified in this Agreement. Service Report: Contractor's detailed report in City-approved, computer-generated format covering all work performed under this Agreement. Service reports shall be separate documents, listed by facility and shall note all inspections, repairs or service work performed, condition statements and any other pertinent information to aid the City in determining future equipment repairs, maintenance or replacement. Web based report capability is highly desired. RECITALS A. City requires the professional services of a Traffic Signal Maintenance Contractor that is experienced in providing routine, recurring and usual Traffic Signal maintenance work necessary for the protection and preservation of City owned or maintained Traffic Signal systems for their intended purposes. B. Contractor has the necessary experience in providing professional services and advice related to providing routine, recurring and usual Traffic Signal maintenance work necessary for the protection and preservation of City owned or maintained Traffic Signal systems for their intended purposes. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a bid to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 7City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 1 of 58 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render the Traffic Signal maintenance and repair services described in the Scope of Work contained in the City's Request for Bids and the Contractor's bid, which are incorporated by this reference in accordance with this Agreement's terms and conditions. The Contractor will perform Traffic Signal maintenance and related services as needed and as authorized on an agreed price basis and/or on a time and materials basis for repairs as specified in the Contractor's bid. Nothing in this agreement is intended to create an exclusive arrangement between City and Contractor. The City reserves the right to procure Traffic Signal maintenance services from other CONTRACTORS as the City deems appropriate. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. Contractor shall maintain a C-10 and a C-61/D-31 license issued by the California Contractors State License Board throughout the term of this Agreement. 3. TERM The term of this Agreement will be effective for a period of two-years from the date first above written. The City Manager may amend the Agreement to extend it for two additional two-year periods or parts thereof in an amount not to exceed Six Hundred Seventy-six Thousand, One Hundred and Thirty-Five dollars ($676,135) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. Either the City or the Contractor may decline to confirm the renewal of the contract for any reason whatsoever, which shall render the renewal option null and void 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The Contractor's Traffic Signal maintenance work will be by paid at a fixed cost rate for scheduled maintenance and bid item work and at an hourly rate plus parts as indicated in the agreement as detailed in the Contractor's bid. The total fee payable for the Services to be performed during the initial Agreement term will not exceed One Million, Three Hundred Fifty-two Thousand, Two Hundred and Seventy dollars ($1,352,270). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in the Contractor's bid. The Contractor will perform work in accordance with all applicable Carlsbad Municipal Code sections, other applicable California codes, OSHA standards and any other regulatory requirements. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 2 of 58 There will be no additional charges such as travel or trip costs allowed. Payment for service starts when the technician arrives at the City of Carlsbad owned or maintained properties, and ends at the completion of required service work. Portal to portal payment is not included in this Agreement. All parts will be newly manufactured replacement parts or an equal approved by the Inspector, or his authorized representative. Pricing to City of Carlsbad will be in accordance with bid item costs or hourly labor cost plus parts markup as indicated in the CONTRACTOR'S Proposed Cost of Services Chart. Invoices must be submitted with request for payment. The Contractor shall submit invoices to the Inspector, or his authorized representative by the 5th day of the month for work performed in the previous month under this contract. The Contractor shall provide detailed records of all work performed and include all required reports of systems and/or equipment(s) serviced or repaired. Failure to provide the required documents, invoices, and reports will result in the City of Carlsbad withholding payment to the Contractor until all the required documentation, including supplier invoices for parts, are provided to the City. If an increase in compensation for service in succeeding option periods is requested, the Contractor must provide detailed supporting documentation to justify the requested rate increase. The City will evaluate the requested increase, and the City reserves the right to negotiate, accept or reject the Contractor's requested compensation increase. This Agreement's annual compensation terms may be adjusted by a mutually agreeable amount based on and no greater than the aggregate San Diego Consumer Price Index changes over the previous contract period. Requests for price changes must be made by the Contractor in writing sixty (60) days before the end of the then-current agreement year and is subject to negotiation or rejection by the City. Compensation increases will not be authorized prior to the end of each contract period. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to this Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 3 of 58 Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. PREVAILING WAGES The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. The City Council has determined that it is not in the best interest of the City to require the payment of prevailing wages for this agreement. Payment of prevailing wages is at Contractor's discretion. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. PARTS The City reserves the right to supply needed parts and equipment to the Contractor for Services. 11. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 12. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 4 of 58 or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VM". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 12.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 12.1.1 Commercial General Liability Insurance. $1.000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 12.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 12.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 12.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 12.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 12.2.1 The City will be named as an additional insured on General Liability. 12.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 5 of 58 It 12.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 12.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 12.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 12.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 13. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 14. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City, during normal business hours, to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 15. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all documents related to services performed produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 16. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 6 of 58 17. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Name: Thomas Moore Name Martin Eichmann Title: Public Works Superintendent Title Regional Manager Department: Public Works. Streets Address 1820 John Towers Ave.. Ste. A City of Carlsbad El Caion. CA 92020 Address: 405 Oak Avenue. Phone No. (619)726-3744 Carlsbad. CA 92008 Phone No. (760) 434-2939 18. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 19. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. /3City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 7 of 58 * *** 20. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 21. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager and/or designee. The City Manager and/or designee will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager and/or designee will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 22. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering ninety (90) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 23. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 8 of 58 /4 or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 24. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 25. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 26. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 27. SERVICES DURING STATE OF EMERGENCY During a state of emergency as determined by the City Council or City Manager including, but not limited to states of emergency defined by Government Code Section 8558, the Contractor agrees to provide the services specified in this Agreement under the terms and conditions herein. 28. ENTIRE AGREEMENT This Agreement, the City's Request for Bid, the Contractor's Bid, and the Specifications, together with any other written document referred to or contemplated by these documents, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 9 of 58 29. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR *By: Jeffa CITY OF CARLSBAD, a municipal corporation of the State of California By: Mayor TTEST: LORRAINE M. WOOD City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By:. City of Carlsbad Contract 1 0-02, Traffic Signal Maintenance Services Page 1 0 of 58 /U? CONTRACTOR'S PROPOSED COST OF SERVICE* The matrix below describes items upon which the City requests a bid. The actual payments made to the CONTRACTOR will be based on actual work performed for the City consistent with the terms and conditions of the contract documents. The undersigned declares he/she has carefully examined the locations of the work, read the Request for Bid, examined all specifications, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work in this Traffic Signal Maintenance Agreement in accordance with the specifications of the City of Carlsbad, and the General Provisions and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: Bid Schedule "A" Annual Routine Maintenance/Repairs - Page 1 of 2 Item No. A-1. A-2. A-3. A-4. A-5. A-6. A-7 Description Perform Routine Monthly Traffic Signal Inspection and Routine Maintenance Provide and Install LED Signal Light (Burnout) ISNS Re-lamping Provide and install LED Pedestrian Head Perform Red Flash Signal Reset Perform Function/Detection/ Cycling Test Provide and Replace UPS Batteries (Per Signal) Estimated Quantity and Units* 2040 300 300 15 50 60 120 Unit Price $65.00 Each $100.00 Each $55.00 Each $145.00 Each $40.00 Each $55.00 Each $1.000.00 Each Annual Total $132.600.00 Extended Amount $30.000.00 Extended Amount $16.500.00 Extended Amount $2.175.00 Extended Amount $2.000.00 Extended Amount $3.300.00 Extended Amount $120.000.00 Extended Amount City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 11 of 58 Bid Schedule "A" Annual Routine Maintenance/Repairs - Page 2 of 2 Item No. A-8. A-9. A-10. A-11. A-12. A-13. A-14. A-15. A-16. A-17 Description Pedestrian Push Button Replacement Loop Set Testing Loop Replacement TypeD Loop Replacement Type E Video Detection Camera Service (Semi Annual) Cabinet Filter Replacement (Semi Annual) Amber School Flasher Reprogramming Head Cleaning and Mast Arm Inspection (Annual) Conflict Monitor Testing (Annual) Adjust Signal Timing Estimated Quantity and Units* 20 10 10 48 600 340 16 170 170 15 Unit Price $130.00 Each $100.00 Each $400.00 Each $350.00 Each $45.00 Each $5.00 Each $50.00 Each $150.00 Each $45.00 Each $50.00 Each Total Annual Cost for Bid Schedule "A" Annual Total $2.600.00 ' Extended Amount $1.000.00 Extended Amount $4.000.00 Extended Amount $16.800.00 Extended Amount $27.000.00 Extended Amount $1.700.00 Extended Amount $800.00 Extended Amount $25.500.00 Extended Amount $7.650.00 Extended Amount $750.00 Extended Amount $394.375.00 City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 12 of 58 Bid Schedule "B" Annual Regular Hours Repairs - Page 1 of 1 Item No. B-1. B-2. B-3. B-4. B-5. B-6. B-7. Description I MSA Level III Certified Technician IMSA Level II Certified Technician General Laborer Aerial Truck Service Truck Compressor Parts Estimated Quantity and Units* 80 600 1020 500 100 52 $125,000 Unit Price $80.00 (Per Hour) $65.00 (Per Hour) $35.00 (Per Hour) $25.00 (Per Hour) $15.00 (Per Hour) $5.00 (Per Hour) 15% x $125.000 = $143.750.00 Contractor Parts Markup % Total Annual Cost for Bid Schedule "B" Annual Total $6.400.00 Extended Amount $39.000.00 Extended Amount $35.700.00 Extended Amount $12.500.00 Extended Amount $1,500.00 Extended Amount $260.00 Extended Amount $143.750.00 $125,000 + Parts Markup in Dollars $239.110.00 City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 13 of 58 Bid Schedule "C" Annual After Regular Hours Repairs - Page 1 of 1 Item No. C-1. C-2. C-3. C-4. C-5. C-6. Description IMSA Level III Certified Technician IMSA Level II Certified Technician General Laborer Aerial Truck Service Truck Compressor Estimated Quantity and Units* 10 300 80 300 80 40 Unit Price $125.00 (Per Hour) $95.00 (Per Hour) $50.00 (Per Hour) $25.00 (Per Hour) $15.00 (Per Hour) $5.00 (Per Hour) Total Annual Cost for Bid Schedule "C" Annual Total $1.250.00 Extended Amount $28.500.00 Extended Amount $4.000.00 Extended Amount $7.500.00 Extended Amount $1.200.00 Extended Amount $200.00 Extended Amount $42.650.00 *Estimate based on historical experience is for bid comparison purposes only. The actual payments made to the CONTRACTOR will be based on the CONTRACTOR'S actual work performed for the City consistent with the terms and conditions of the contract documents, and may be different from the prices estimated above. In the event of errors in calculation, the correctly extended bid item total will govern. Note: This Agreement does NOT require payment of prevailing wage. Total amount of CONTRACTOR'S Bid Schedule "A" per agreement year in words: Three Hundred Ninety-four Thousand Three Hundred Seventy-five dollars (Items A1-A17) Total amount of CONTRACTOR'S Bid Schedule "A" per agreement year in numbers: $394.375.00 (Items A1- A17) City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 14 of 58 Total amount of CONTRACTOR'S Bid Schedule "B" per agreement year in words: Two Hundred Thirty-nine Thousand Two Hundred Ten dollars (Items 81- B7) Total amount of CONTRACTOR'S Bid Schedule "B" per agreement year in numbers: $239.210.00 (Items B1- B7) Total amount of CONTRACTOR'S Bid Schedule "C" per agreement year in words: Forty-two Thousand Six Hundred Fifty dollars (Items C1- C6) Total amount of CONTRACTOR'S Bid Schedule "B" per agreement year in numbers: $42.650.00 (Items C1- C6) Total amount of CONTRACTOR'S Bid (Sum of Bid Schedules A, B & C) per agreement year in words: Six Hundred Seventy-six Thousand One Hundred Thirty-five dollars Total amount of CONTRACTOR'S Bid (Sum of Bid Schedules A, B & C) per agreement year in numbers: $676.135.00 In the event of a discrepancy between the individual bid item costs and the extended bid totals, the properly extended bid item costs will govern. Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). 1&2 has/have been received and is/are included in this bid. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 15 of 58 CITY OF CARLSBAD EXHIBIT "A" MANNER OF PERFORMING SERVICES TRAFFIC SIGNAL MAINTENANCE SERVICES BID NO. 10-02 TRAFFIC SIGNAL MAINTENANCE QUALITY STANDARDS PART I GENERAL SPECIFICATIONS & PART II TECHNICAL SPECIFICATIONS City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 16 of 58 MAINTENANCE QUALITY STANDARDS MAINTENANCE THEORY Quality maintenance includes all the necessary tasks required to keep equipment in a safe economical and dependable operation. Scheduled routine maintenance on Traffic Signal equipment will not only prolong the life of the equipment, but will greatly reduce the overall outlay of financial resources by both the owner and the service company. Eventually all equipment will wear out or be replaced by new technology. However, the Traffic Signal maintenance contractor has a responsibility to maximize the life and economic operation of the equipment. EQUIPMENT & ENCLOSURES: The equipment enclosures and equipment are to be cleaned, kept free of dust, lint, oil residue, dusts and debris. Units shall be maintained in a reasonably clean and dry condition. Oil spills shall be cleaned up immediately and reported to the Inspector. Cleaning these enclosures will be performed in accordance with the contractor's maintenance guide. Code authorities prohibit the storage of equipment and parts not relative to the operation and maintenance of the Traffic Signal equipment in the enclosures. Spare Traffic Signal parts and wiring diagrams will be kept orderly in storage cabinets provided for the job by the Traffic Signal maintenance contractor. Up to date service charts, callback logs, and Material Data Sheets for any chemicals utilized by the maintenance contractor will be readily accessible. All chemicals must be properly labeled. All fastenings and screws will be secured and tightened. Missing screws shall be replaced. Operating Panels, Indicators and markings shall be maintained as installed. Defaced components will be reported to the Inspector. Equipment enclosures and doors shall be kept locked to prevent unauthorized access. SAFETY Safety awareness is of the utmost importance when working on Traffic Signal equipment, not only for the mechanic and City Staff but also the casual observer who may wander into a work area unannounced. Traffic Control devices, barricades, proper tools and safety equipment will be proved by the Traffic Signal contractor to minimize risk of exposure to danger to employees and public. Under no circumstances should work be performed in un-barricaded areas. If continuous work is performed, doors should be closed when the immediate area is unattended. Strict adherence to the lock out tag out procedure shall be enforced. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 17 of 58 All safety devices and circuits shall operate as intended. They shall not be overridden and must operate in compliance with applicable codes. Unsafe equipment or conditions will be corrected or reported to the proper personnel immediately. Under no circumstances shall unsafe equipment be put into operation. Periodic checks will be performed to ensure proper operation of all safety devices. CONTROLS & OTHER EQUIPMENT Controls and other operational apparatus will be kept clean, properly lubricated and adjusted as required; relays and contactors shall be kept clean and operating without excessive arc. All electrical connections shall be tight, taped and tagged when not in use. Coils, contacts, relays and resistors showing signs of deterioration shall be repaired or replaced as necessary. Care must be exercised when handling printed circuit boards. Proper grounding is necessary when handling some versions of solid-state boards. The Traffic Signal maintenance contractor shall maintain sufficient stock of repair parts, or shall insure that sufficient repair items are in stock locally or shall insure that the contractor has access to spares for overnight delivery. All modes, programs and operations shall be maintained as originally intended, engineered, and manufactured. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 18 of 58 PARTI GENERAL SPECIFICATIONS DEFINITIONS Whenever the following terms are used in this agreement, they shall have the following meaning: A. "AFTER REGULAR HOURS" - Work Performed by the CONTRACTOR on Saturday, Sunday, City of Carlsbad Holidays, or hours outside of REGULAR HOURS. B. "BID ITEM" - Individual items of work in the CONTRACTOR'S bid at an agreed price for the work. C. "CITY" - The CITY of Carlsbad. D. "CITY MANAGER" - The fully appointed CITY MANAGER of the CITY or his authorized representative. E. "CONTRACT ADMINISTRATOR" - The PUBLIC WORKS DIRECTOR'S designee for bidding, awarding and administering the CONTRACTOR'S work under this agreement. F. "CONTRACTOR" - The managing individual of the contracting entity or his authorized employees or representatives. G. "EXTRA WORK" - Work Tasks authorized by the CONTRACT ADMINISTRATOR that are not included in ROUTINE MAINTENANCE/REPAIRS (Bid Schedule "A"). H. "FULLY OPERATIONAL" - In a condition to undertake the function to adequately perform as a Traffic Signal. I. "INSPECTOR" - The CITY'S/CONTRACT ADMINISTRATOR'S field representative for work performed by the CONTRACTOR. J. "PERIODIC INSPECTION" - Routinely scheduled or randomly noticed inspection or audit conducted by CITY. K. "PUBLIC WORKS DIRECTOR" - The official designated as the Public Works Director of CITY, or any of his authorized representatives. L. "REGULAR HOURS"- Normal business hours are hours between 7:OOAM and 5:OOPM Monday through Friday excluding City of Carlsbad holidays. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 19 of 58 M. "REPAIRS" - REGULAR HOUR REPAIRS and AFTER REGULAR HOURS REPAIRS include work required to maintain the serviceability of Traffic Signal equipment specified under this agreement that are outside the scope of the ROUTINE MAINTENANCE/REPAIRS bid schedule. REGULAR HOUR REPAIRS occur during REGULAR HOURS and AFTER REGULAR HOURS REPAIRS are work outside of normal business hours as indicated in the CONTRACTOR'S Proposed Cost of Services Chart and shall be compensated at the Bid Item Rate for each item. REGULAR HOUR REPAIRS and AFTER REGULAR HOURS work must be authorized by the CONTRACT ADMINSITRATOR prior to the CONTRACTOR performance. N. "ROUTINE MAINTENANCE/REPAIRS" - Work specified in the ROUTINE MAINTENANCE/REPAIRS schedule of this agreement (Bid Schedule "A", that consist of work performed by the Contractor at a fixed price cost during "REGULAR HOURS". O. "SPECIAL PROJECTS" - Repairs and/or services for which 1) a specific lump sum or agreed price job quote has been received, 2) the work has been authorized by the CONTRACT ADMINISTRATOR or designee, and 3) the work schedule has been mutually agreed. 1.00 STANDARDS OF WORK AND CONTRACTOR RESPONISBILITY 1.01 The CONTRACTOR shall perform the work described herein in a thorough and professional manner so that the City of Carlsbad is provided with reliable and high quality Traffic Signal Maintenance services at all times. 1.02 The CONTRACTOR shall furnish, at CONTRACTOR'S own expense, all labor, tools, equipment, and materials necessary, unless specifically excluded herein, to perform ROUTINE MAINTENANCE/REPAIRS at the Bid Item price. The CONTRACTOR shall furnish, at CONTRACTOR'S own expense, tools and equipment necessary, unless specifically excluded herein, to perform regular and after hours authorized repairs at the Bid Item price. Cost of parts shall be paid at the CONTRACTOR'S invoice cost for parts plus the percentage of markup indicated in this bid. 1.03 The CONTRACTOR'S forces shall leave work areas free of all dirt, litter, lubricants, or other materials utilized to perform maintenance services. The CONTRACTOR shall erect barricades, warning signs and any other devices to prevent unauthorized access by the public or unauthorized City staff to work areas. 1.04 Traffic Signal maintenance and repair shall be performed in accordance with accepted standards for Traffic Signal maintenance and repair to the satisfaction of the CONTRACT ADMINISTRATOR or his designee. CONTRACTOR shall immediately respond when notified by CITY to correct unsatisfactory work at no additional charge. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 20 of 58 1.05 The CONTRACTOR shall maintain individual repair and maintenance logs listing all work performed under this agreement. These Logs shall be submitted, or shall be available via website to the CONTRACT ADMINSTRATOR on a monthly basis. Logs shall indicate the date of service, time of service, service performed, the technician performing service and any other information that may affect current or future operation of the Traffic Signals. The CONTRACTOR shall report these locations, by intersection, to CITY'S CONTRACT ADMINISTRATOR, or designee, within 48 hours. (Deductions may be made from the CONTRACTOR'S payments if maintenance and repair tasks are not reported to CITY within the time allowed.) 1.06 The CONTRACTOR shall, during the term of this CONTRACT, respond to all callbacks to the satisfaction of the CONTRACT ADMINISTRATOR, within the time specified within this agreement. Failure to comply with this requirement will result in a reduction in payment to the CONTRACTOR as determined appropriate by the CONTRACT ADMINISTRATOR. Call-out response time during normal service hours shall not exceed thirty (30) minutes. In cases where delays are anticipated to exceed thirty (30) minutes, CONTRACTOR shall notify the City immediately with an estimated time of arrival. In no case shall initial response time exceed one (1) hour. A greater response time may result in assessment of liquidated damages. 1.07 The CONTRACTOR shall prepare and submit an annual schedule for ROUTINE MAINTENANCE to the CONTRACT ADMINISTRATOR for approval. The ROUTINE MAINTENANCE schedule shall be adhered to by CONTRACTOR unless deviation from the approve schedule is authorized by the CONTRACT ADMINISTRATOR. 1.08 CONTRACTOR will provide service twenty-four (24) hours per day for the servicing of all equipment covered by this agreement. An IMSA/TSA Level II or higher technician will respond immediately upon notification in a vehicle with aerial capabilities. This vehicle shall be equipped with equipment and materials necessary to restore safe operation of the intersection. If the CONTRACTOR is contacted after normal working hours and determines that aerial capabilities are not necessary based on the information provided, initial response may be made in a service vehicle. However, if the CONTRACTOR opts to respond in a service vehicle and aerial capabilities are required, the City will not pay any costs associated with retrieval of an aerial vehicle. 2.00 TRAFFIC SIGNAL EQUIPMENT TO BE MAINTAINED 2.01 The service areas and frequencies of service under the provisions of this CONTRACT are detailed in the CONTRACTORS Proposed Cost of Services Chart and include a minimum of 170 signalized intersections located in the City of Carlsbad. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 21 of 58 2.02 The detailed ROUTINE MAINTENANCE requirements and equipment list requiring service under the provisions of this CONTRACT are detailed in Appendix "D". 2.03 CONTRACTOR acknowledges personal inspection of the sites and the surrounding areas and has evaluated the extent to which the physical condition thereof will affect the services to be provided. CONTRACTOR accepts the premises in their present physical condition, and agrees to make no demands upon CITY for any improvements or alterations thereof. 3.00 PAYMENT AND INVOICES 3.01 The CONTRACTOR shall present monthly invoices, for all work performed during the preceding month. Said invoice shall include all required certifications and reports as specified hereinafter. The invoice shall be submitted on or before the fifth (5th) day of each month in the amount of the compensation to be paid by the CITY for all services rendered by the CONTRACTOR under the terms and conditions of this CONTRACT. Said payment shall be made within thirty (30) days upon receiving the invoices, providing that all work performed during the preceding month has been inspected and accepted by the CONTRACT ADMINISTRATOR and that applicable certifications have been submitted in accordance with the provisions of this CONTRACT. 3.02 The CONTRACTOR'S monthly invoices for ROUTINE MAINTENANCE and ROUTINE MAINTENANCE/REPAIRS shall be prepared and submitted in an electronic format, clearly indicating the Purchase Order number, unit price, total work performed and correctly extended totals for each individual BID ITEM or separate item of work. An invoice format shall be submitted to the CONTRACT ADMINISTRATOR for approval. CONTRACTOR shall submit a fully itemized monthly bill to the CONTRACT ADMINISTRATOR, or his authorized representative. 3.03 Separate invoices for approved NORMAL HOURS REPAIRS AND AFTER HOURS REPAIRS shall be prepared and submitted in an electronic format acceptable to the CONTRACT ADMINISTRATOR, including attachments, such as copies of suppliers' invoices, which the CONTRACT ADMINISTRATOR may require to verify CONTRACTOR'S billing. Unless otherwise requested by the CONTRACT ADMINISTRATOR, one invoice shall be submitted for each discrete and complete REPAIR or AFTER HOURS REPAIR. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 22 of 58 3.04 All CONTRACTOR invoices must contain the following: 1. intersection description/name 2. intersection number 3. authorizing party/caller 4. time call is received 5. description of complaint 6. call summary code 7. time of arrival 8. corrective measures taken 9. materials used and associated material costs 10. status upon departure 11. time of departure 12. unique invoice number 13. incident number 3.05 In the event the CITY transfers title, maintenance responsibility, or changes service frequency of a portion thereof, this CONTRACT shall continue in full force and effect, except said portion, at the discretion of the CONTRACT ADMINISTRATOR, may be deleted from the agreement and the CONTRACT sum shall be reduced accordingly. 3.06 The CONTRACT ADMINISTRATOR may, at his discretion, add new Traffic Signals to be maintained and/or repaired and/or require additional services. The CONTRACTOR shall be compensated for the additional facilities or services that are designated after the date of the commencement of this CONTRACT based on an extension of existing bid prices or in the case of Traffic Signal that is substantially different than other signals, a negotiated proposal. Proposal costs shall not exceed customary costs of similar equipment as submitted in the REQUEST FOR BIDS or as adjusted in accordance with subsequent amendments to the agreement. The CONTRACT ADMINISTRATOR shall notify the CONTRACTOR of additions, reductions or deletions of areas to be serviced in writing. 4.00 ENFORCEMENT. DEDUCTIONS AND LIQUIDATED DAMAGES 4.01 The CONTRACT ADMINISTRATOR shall be responsible for the enforcement of this CONTRACT on behalf of CITY. In addition to deductions stipulated in other sections of this agreement, the CONTRACT ADMINISTRATOR may enforce deductions in accordance with Section 4.00. 4.02 The CONTRACT ADMINISTRATOR shall prepare and implement an INSPECTION RATING SYSTEM to be used to verify monthly payments and deductions from payments (see sample rating system as Appendix "B"). This form and system may be modified at the discretion of the CONTRACT ADMINISTRATOR. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 23 of 58 4.03 The CONTRACTOR agrees to be so evaluated by said system and bound by the ratings and/or deductions from payments indicated in the monthly INSPECTION RATING SYSTEM report. To avoid deductions from payment, CONTRACTOR must receive a rating of 95 or higher per service area as described in Appendix "B". 4.04 If, in the judgment of the CONTRACT ADMINISTRATOR, the CONTRACTOR is deemed to be non-compliant with the terms and obligations of the CONTRACT, the CONTRACT ADMINISTRATOR, may, in addition to other remedies provided herein, withhold the entire monthly payment, deduct pro-rata from the CONTRACTOR'S invoice for work not performed, and/or deduct liquidated damages. Notification of the amount to be withheld or deducted from payments to CONTRACTOR will be forwarded to the CONTRACTOR by the CONTRACT ADMINISTRATOR in a written notice describing the reasons for said action. The monthly INSPECTION RATING SYSTEM report shall constitute reason for any deductions so imposed. Liquidated damages shall be equal to Two Hundred and Fifty dollars ($250) per calendar day. By submitting a bid the CONTRACTOR agrees to a Liquidated damages equal to Two Hundred and Fifty ($250) dollars per calendar day. 4.05 The action above shall not be construed as a penalty but as adjustment of payment to CONTRACTOR to recover cost or loss due to the failure of the CONTRACTOR to complete or comply with the provisions of this CONTRACT. 5.00 INSPECTIONS. MEETINGS. & REPORTS 5.01 CITY reserves the right to perform inspections, including inspection of CONTRACTOR'S equipment, at any time for the purpose of verifying CONTRACTOR'S performance of CONTRACT requirements and identifying deficiencies. 5.02 The CONTRACTOR or his authorized representative shall meet with the CONTRACT ADMINISTRATOR or his representative on each site at the discretion and convenience of the CONTRACT ADMINISTRATOR, for walk-through inspections. All routine maintenance functions shall be completed prior to this meeting. 5.03 At the request of the CONTRACT ADMINISTRATOR, the CONTRACTOR, or his appropriate representative, shall attend meetings and/or training sessions, as determined by the CONTRACT ADMINISTRATOR, for purposes of orientation, information sharing, CONTRACT revision, description of CITY policies, procedures, standards, and the like. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 24 of 58 5.04 CONTRACTOR shall provide to the CONTRACT ADMINISTRATOR such written documentation and/or regular reports as the CONTRACT ADMINISTRATOR deems necessary to verify and review CONTRACTOR'S performance under this CONTRACT and to provide to the CONTRACT ADMINISTRATOR pertinent information relative to the maintenance, operation, and safety of the TRAFFIC SIGNALS. 6.00 TRAFFIC CONTROL 6.01 Prior to any work in the public right-of-way, the CONTRACTOR shall submit typical traffic control plans for approval for work performed in the CITY right-of-way. The CONTRACTOR shall submit supplementary traffic control plans for unusual circumstances that are out of the ordinary for right-of-way maintenance. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California). The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. 6.02 When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. 6.03 The CONTRACTOR shall comply with all requirements of the City Traffic Engineer and shall bear all costs of required traffic control including, but not limited to signs, cones, markers, flagmen, etc. 6.04 The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefore. 7.00 CONTRACTOR'S DAMAGES 7.01 All damages incurred to existing facilities by the CONTRACTOR'S operation shall be repaired or replaced, by the CONTRACTOR or by other forces, all at the discretion of the CONTRACT ADMINISTRATOR, all at the CONTRACTOR'S expense. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 25 of 58 8.00 COMMUNICATIONS AND RESPONSE 8.01 The CONTRACTOR shall, during the term of this CONTRACT, maintain two twenty-four (24) hour emergency telephone numbers, toll free to a San Diego region area code. For hours beyond a normal 8 AM to 5 PM business day, an answering service shall be considered an acceptable substitute. Answering machines are not acceptable. This phone number will be made available to all persons designated by the City. 8.02 All requests for services shall require a qualified technician to be dispatched to, and to arrive, at the required location as soon as possible or within one (1) hour of notification to the satisfaction of the CONTRACT ADMINISTRATOR. If any emergency service request is not responded to in one (1) hour, the CONTRACT ADMINISTRATOR shall be notified immediately of the reason for not meeting the required response time followed by a written report to the CONTRACT ADMINISTRATOR within two (2) working days. In no case shall initial response time exceed two (2) hours. A greater response time may result in assessment of liquidated damages. 8.03 Whenever immediate action is required to prevent possible injury, death, or property damage, CITY may, after reasonable attempt to notify the CONTRACTOR, cause such action to be taken by alternate work forces and, as determined by the CONTRACT ADMINISTRATOR, charge the cost thereof to the CONTRACTOR, or deduct such cost from any amount due to the CONTRACTOR. This deduction shall include a markup for administrative costs equal to fifteen (15) percent of the actual costs incurred. 8.04 The CONTRACTOR shall maintain a written log of all communications, the date and the time thereof and the action taken pursuant thereto or the reason for non-action. Said log of complaints shall be open to the inspection of the CONTRACT ADMINISTRATOR at all reasonable times. 8.05 CONTRACTOR'S supervisor shall carry cellular telephones with local San Diego region area code. Supervisor shall respond to any call from the CITY within thirty (30) minutes at any time. 9.00 SAFETY 9.01 CONTRACTOR agrees to perform all work outlined in this CONTRACT in such a manner as to meet all accepted standards for safe practices during the performance of his duties and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all CITY, County, State or Federal requirements at all times so as to protect all persons, including CONTRACTOR'S employees, agents of the CITY, CONTRACTORS, members of the public or others from foreseeable injury, or damage to their property. CONTRACTOR shall make annual inspections for any potential hazards at said sites and keep a log indicating date inspected and action taken. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 26 of 58 9.02 CONTRACTOR shall notify the CONTRACT ADMINISTRATOR immediately of any occurrence of accident, injury, or persons requiring emergency services and, if so requested, shall prepare a written report thereof to the CONTRACT ADMINISTRATOR within three (3) calendar days following the occurrence. CONTRACTOR shall cooperate fully with the CITY in the investigation of any such occurrence. 10.00 HOURS AND DAYS OF SERVICES 10.01 The acceptable daily hours of ROUTINE MAINTENANCE/REPAIRS shall be 7:00 am to 5:00 pm, Monday through Friday excluding City Holidays which shall be considered normal work hours as may pertain to any other provision of the CONTRACT. Issues reported to the Contractor during the hours of 7:00 am to 5:00 pm will be considered normal work hours and payment will be made in accordance with the provisions regardless of the time the CONTRACTOR arrives and performs the work. 10.02 CONTRACTOR shall provide staffing to perform the required services during the prescribed hours as specified in these contract documents. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the CONTRACT ADMINISTRATOR. 10.03 Per State of California Labor Code, CONTRACTOR is directed to the following prescribed requirement with respect to the hours of employment. Eight (8) hours of labor under this CONTRACT shall constitute a legal day's work and said CONTRACTOR shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than eight (8) hours during any one day or more than forty (40) hours during any one calendar week, except as authorized by State of California Labor Code Section 1815. 11.00 ROUTINE MAINTENANCE SCHEDULES 11.01 The CONTRACTOR shall, within thirty (30) days after the award of bid of this CONTRACT, submit annual work schedules to the CONTRACT ADMINISTRATOR for review and approval. Said work schedules shall identify required operations and delineate the time frames for performance. A Routine Operations Schedule shall include all tasks required at the intervals required. The CONTRACTOR shall submit annual schedules for each successive annual contract period whether due to a second agreement year in the first contract term or in additional contract years in successive amendments to the original agreement. The CONTRACTOR shall submit revised schedules when actual performance differs substantially from planned performance, and from time to time as requested by the CONTRACT ADMINISTRATOR. Said revisions shall be submitted to the CONTRACT ADMINISTRATOR for his review and approval, within five (5) working days prior to the original or revised scheduled time for the work, whichever is earlier. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 27 of 58 12.00 CONTRACTOR'S STAFF AND TRAINING 12.01 The CONTRACTOR shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. 12.02 In cooperation with the Carlsbad Police Department, CONTRACTOR agrees to, and to pay for, background checks if required by the CONTRACT ADMINISTRATOR on all personnel providing Traffic Signal services for this contract. In the event such background check reveals an item, which Carlsbad Police deems a security problem, City may request that such individual be removed from the list of personnel authorized to provide services to the CITY. 12.03 CONTRACTOR'S personnel shall possess the minimum qualifications for the position in which each is working. 12.04 CONTRACTOR shall use only Level II or higher IMSA certified technicians to service, maintain, and make necessary repairs to traffic signal devices within the confines of controller cabinet. Skilled laborers may make hardware repairs under the direct supervision of the Level II technician. No work will occur at any signalized intersection under this agreement without a Level II or higher technician present at all times unless otherwise previously approved in writing by the CONTRACT ADMINISTRATOR or appointed designee. CONTRACTOR will provide a minimum of two (2) IMSA/TSA Level II or higher technicians to perform routine maintenance inspections and complete associated repairs during normal service hours for approval by the CONTRACT ADMINISTRATOR. CONTRACTOR will provide additional staff as needed for call-out response and troubleshooting services. 12.05 CONTRACTOR shall have a "Local" representative with authority to contractually bind CONTRACTOR in matters, which may arise during this agreement performance period. "Local" in the context of this agreement is defined as the southern California metropolitan area consisting of San Diego, Orange, Los Angeles or Riverside counties. CONTRACTOR shall provide, prior to commencement of work under this Agreement, in writing to the CONTRACT ADMINISTRATOR, a statement indicating by name the specific authority vested in the "Local" representative. CONTRACTOR'S "Local" representative shall be responsible for instructing and training of CONTRACTOR'S personnel in the proper and specified work method and procedures; directing, scheduling, and coordinating all services and functions to completely accomplish the work as required by this Agreement. The "local" representative shall be available for consultation regarding problems on a daily basis at some time during regular working hours (7:00 a.m. to 5:00 p.m., Monday through Friday excluding City holidays). City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 28 of 58 12.06 Each crew of CONTRACTOR'S employees shall include at least one individual who speaks the English language proficiently. For the purposes of this section a crew is understood to be any individual worker or group of workers who might service any site without other CONTRACTOR'S supervisory personnel present. 12.07 The CONTRACT ADMINISTRATOR may at any time give CONTRACTOR written notice to the effect that the conduct or action of a designated employee of CONTRACTOR is, in the reasonable belief of the CONTRACT ADMINISTRATOR, detrimental to the interest of the public patronizing the premises. CONTRACTOR shall meet with representatives of the CONTRACT ADMINISTRATOR to consider the appropriate course of action with respect to such matter and CONTRACTOR shall take reasonable measures under the circumstances to assure the CONTRACT ADMINISTRATOR that the conduct and activities of CONTRACTOR'S employees will not be detrimental to the interest of the public patronizing the premises. 12.08 The CONTRACT ADMINISTRATOR may at any time order any of the CONTRACTOR'S personnel removed from the premises when, in the reasonable belief of the CONTRACT ADMINISTRATOR, said CONTRACTOR'S personnel is objectionable, unruly, unsafe, or otherwise detrimental to the interest of the CITY or the public patronizing the premises 12.09 The CONTRACTOR shall require each of his personnel to adhere to basic public works standards of working attire including uniform shirts and/or vests clearly marked with the CONTRACTOR'S company name and employee name badges as approved by the CONTRACT ADMINISTRATOR. Sufficient changes shall be provided to present a neat and clean appearance of the CONTRACTOR'S personnel at all times. Shirts shall be worn and buttoned at all times. CONTRACTOR'S personnel shall be equipped with proper shoes and other gear required by Local, State and Federal Safety Regulations. 12.10 The CONTRACTOR'S staff shall wear uniforms that clearly indicate the name of the CONTRACTOR performing service under this agreement. In addition, the CONTRACTOR shall insure that all staff are issued high visibility safety vests and hard hats and shall be responsible for insuring that all safety equipment is worn when required. 13.00 NON-INTERFERENCE-NOISE 13.01 CONTRACTOR shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 29 of 58 13.02 In the event that the CONTRACTOR'S operations must be performed when persons of the public are present, CONTRACTOR shall courteously inform said persons of any operations that might affect them and, if appropriate, request persons to move out of the work area. 14.00 DRUG AND ALCOHOL FREE WORKPLACE 14.01 The CITY is committed to maintaining a work environment free from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace Act. As a condition of this agreement, CONTRACTOR and CONTRACTOR'S employees shall assist meeting the requirements of this policy as set forth in the "City of Carlsbad Drug and Alcohol Use Policy" incorporated by reference herein. CONTRACTOR agrees that CONTRACTOR and CONTRACTOR'S employees, while performing services for the CITY, on CITY property, or while using CITY equipment will not be in possession of, use, or be under the influence of drugs or alcohol. CONTRACTOR has the duty to inform all employees or agents of CONTRACTOR that are performing service for CITY on CITY property or using CITY equipment of the CITY'S objective of a safe, healthful and productive workplace and the prohibition of drug or alcohol possession, use or impairment from same while performing such service for CITY. CITY has the right to terminate, or declare this or any other agreement CONTRACTOR has with the CITY in DEFAULT if CONTRACTOR'S employees are determined by the CONTRACT ADMINISTRATOR to have breached the provisions of Section 15 herein as interpreted and enforced pursuant to the provision of the "City of Carlsbad Drug and Alcohol Use Policy". 15.00 ASSIGNMENT OF CONTRACT 15.01 CONTRACTOR shall not assign this contract or any part thereof and or monies due there under without the prior written consent of the CONTRACT ADMINISTRATOR. 16.00 EXTRA WORK 16.01 The CITY may award EXTRA WORK to the CONTRACTOR, or to other forces, at the discretion of the CONTRACT ADMINISTRATOR. New or unforeseen work will be classified as "Extra Work" when the CONTRACT ADMINISTRATOR determines that it is not covered by CONTRACT unit prices. Adjustment in payment for Extra Work shall be performed by agreement between the CONTRACT ADMINISTRATOR and the CONTRACTOR or on a NEGOTIATED PROPOSAL AND ACCEPTANCE basis in accordance with Section 17.00 or on a TIME AND MATERIALS basis in accordance with Section 18.00. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 30 of 58 16.02 If the CONTRACT ADMINISTRATOR determines that the Extra Work can be performed by CONTRACTOR'S present work force, CONTRACT ADMINISTRATOR may authorize modification of the CONTRACTOR'S Routine Operations Schedule or Annual Calendar in order to compensate CONTRACTOR for performing said work. 16.03 Prior to performing any Extra Work, the CONTRACTOR shall prepare and submit a written proposal including a description of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of the CONTRACTOR'S proposal by the CONTRACT ADMINISTRATOR. This proposal is subject to acceptance or negotiation by the CONTRACT ADMINISTRATOR. 16.04 In the event that CONTRACTOR'S proposal for Extra Work is not approved, the CONTRACT ADMINISTRATOR reserves the right to perform such work with other forces or to compel the CONTRACTOR to perform the work on a TIME AND MATERIALS Basis. Invoices for EXTRA WORK on a TIME AND MATERIALS basis are subject to CONTRACTOR markup in accordance with the CONTRACTOR'S Proposed Cost of Services chart. 16.05 When a condition exists which the CONTRACT ADMINISTRATOR deems urgent, the CONTRACT ADMINISTRATOR may verbally authorize the work to be performed upon receiving a verbal estimate from the CONTRACTOR. However, within twenty-four (24) hours after receiving a verbal authorization, the CONTRACTOR shall submit a written estimate, consistent with the verbal authorization, to the CONTRACT ADMINISTRATOR for approval. 16.06 All Extra Work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 17.00 NEGOTIATED PROPOSAL AND ACCEPTANCE 17.01 The CITY may award work to the CONTRACTOR, at the discretion of the CONTRACT ADMINISTRATOR. New work will be awarded on a negotiated proposal and acceptance basis as when the CONTRACT ADMINISTRATOR determines that it is appropriate to negotiate a fixed price for work in lieu of utilizing unit prices. Payment for Work shall be performed by negotiated agreement between the CITY and the CONTRACTOR or on a TIME AND MATERIALS basis in accordance with the CONTRACTOR'S Proposed Cost of Services chart. 17.02 Prior to performing any work, the CONTRACTOR shall prepare and submit a written proposal including a description of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of the CONTRACTOR'S proposal by the CONTRACT ADMINISTRATOR. This proposal is subject to acceptance or negotiation by the CONTRACT ADMINISTRATOR. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 31 of 58 17.03 All work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 18.00 TIME AND MATERIALS 18.01 In the event that the CONTRACT ADMINISTRATOR determines that work requested is of an unknown duration, not easily quantified or the CONTRACTOR'S proposal for work is not approved, the CONTRACT ADMINISTRATOR reserves the right to perform such work with other forces or to compel the CONTRACTOR to perform the work on a TIME AND MATERIALS basis. 18.02 The CONTRACT ADMNISTRATOR may direct CONTRACTOR to proceed by allowing him/her to use the following rates or percentages as added costs for the markup of all overhead and profits: 1) Labor As Stipulated in CONTRACTOR'S Proposed Cost of Services chart. 2) Materials As Stipulated in CONTRACTOR'S Proposed Cost of Services chart. 3) Equipment Rental 15 4) Other Items and Expenditures .... 15 Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, Labor Surcharge and Equipment Rental Rates published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of- way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the CONTRACTOR and subcontractor, if any. The labor surcharge rates published therein are not a part of this contract." 18.03 All work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 32 of 58 PART II TECHNICAL SPECIFICATIONS 19.00 DUTIES OF THE CONTRACTOR / GENERAL 19.01 All work performed under this agreement will be categorized as 1) ROUTINE MAINTENANCE/REPAIRS, 2) REGULAR HOURS REPAIRS, 3) AFTER REGULAR HOURS REPAIRS, or 4) SPECIAL PROJECTS. 19.02 The maintenance of all components within the confines of the cabinet (i.e. detectors, load switches, etc.) shall be the responsibility of the CONTRACTOR and shall be inspected each month for proper function. When a component must be removed from the intersection for repair, a like component will be provided and installed by the CONTRACTOR in place of the component requiring repairs. All repairs shall be the responsibility of the CONTRACTOR and the component shall be returned immediately upon completion of the repairs. 19.03 Prior to If, in the opinion of the CONTRACTOR, any controller mechanism has become obsolete or deteriorated beyond the point of repair, the CONTRACTOR shall notify the CONTRACT ADMINISTRATOR and demonstrate or otherwise provide evidence that replacement is necessary. No permanent change of control mechanisms shall be done without prior approval of the CONTRACT ADMINISTRATOR. 19.04 In the event that the CONTRACTOR, at any time, finds an unsafe situation, CONTRACTOR shall make any repairs necessary to return the intersection to a safe operating condition. CONTRACTOR shall then report to the CONTRACT ADMINISTRATOR immediately upon completion of the repair. Red Flash is considered a safe operation for this purpose. 19.05 Any deficiencies that require attention but do not constitute an unsafe situation will be referred to the CONTRACT ADMINISTRATOR or appointed designee immediately if possible but in all cases by the end of the work day in which the inspection occurred. The CONTRACT ADMINISTRATOR or appointed designee will elect to make the repairs in- house or assign the CONTRACTOR an incident number authorizing the CONTRACTOR to make the repairs. If referred to the Contractor, repairs will be treated as "ROUTINE MAINTENANCE/REPAIRS" or as REGULAR HOURS REPAIRS" These repairs will be scheduled and payment will be made in accordance with the bid documents unless the CONTRACT ADMINISTRATOR determines that repairs must be made outside normal service hours. 20.00 ROUTINE MAINTENANCE 20.01 All graffiti (including but not limited to paint, signs, flyers, and tape) shall be removed by the CONTRACTOR. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 33 of 58 20.02 CONTRACTOR shall maintain a clear radius of not less than 10' from the cabinet center. This area shall be clear of intrusion by vegetation including branches, bushes, and landscaping so that both doors are readily accessible and have full range of motion. 20.03 CONTRACTOR shall perform monthly routine/preventive inspections at each signalized intersection during normal service hours based on the approved schedule. Inspections shall be scheduled so that each intersection is inspected on approximately the same date each month. 20.04 The monthly inspection shall include a complete check of all timing, component functions and field appurtenances described in the "Appendix- D Routine Maintenance Schedules". Every three months, the "Quarterly Inspection Checklist" will be used in lieu of the "Monthly Inspection Checklist" for that month's inspection. 20.05 Method of Payment for Routine Maintenance. Each service identified in Bid Schedule A "ROUTINE MAINTENANCE/REPAIRS" has an associated bid item price. This bid item price includes all materials, labor, and equipment required to provide the services indicated in the bid schedule. Amounts indicated in the bid schedule are estimates based on maintenance history and anticipated City needs. Quantities indicated are not guaranteed. The actual quantities may differ. The CONTRACTOR will be compensated for actual work performed. 21.00 ROUTINE REPAIRS 21.01 Light Emitting Diode (LED) Replacement. The CONTRACTOR shall remove and replace LED due to malfunction. 21.02 Illuminated Street Name Sign (ISNS) re-lamping. The CONTRACTOR shall remove and replace all ISNS lamps and the PE cell. Contractor shall clean panels and verify proper closure. Contractor shall inspect mounting hardware for corrosion / deterioration In addition to periodic calls for ISNS service, the City will perform quarterly night surveillance. The City will provide CONTRACTOR with a list of inoperative/malfunctioning illuminated street name signs (ISNS). CONTRACTOR shall inspect each location and determine if re-lamping is sufficient or if refurbishing is required and make repairs accordingly. If CONTRACTOR determines that required repairs exceed that which is covered by re-lamping, the ISNS shall be refurbished. CONTRACTOR shall remove and replace all components including, but not limited to, lamps, PE cell, ballast, and the igniter. The CONTRACTOR shall inspect mounting hardware for corrosion/deterioration and replace/repair as needed. Refurbishing ISNS shall be paid in accordance with REGULAR HOUR REPAIRS. 21.03 Pedestrian Head Replacement. The CONTRACTOR shall replace malfunctioning Pedestrian Heads with standard LED walk/don't walk symbol indications unless otherwise specified. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 34 of 58 21.04 Red Flash Set/Reset. The CONTRACTOR shall respond immediately to intersections reported to be in Red Flash operation. Resetting signals on Red Flash to Normal operation is considered ROUTINE REPAIRS when calls are received during REGULAR HOURS. Resetting signals found to be in Red Flash after REGULAR HOURS will be considered AFTER REGULAR HOURS REPAIRS and associated costs will be paid in accordance with unit price as bid. CONTRACTOR may, from time to time, be asked to set signals on RED FLASH for construction, planned power outage, or special events. CONTRACTOR will set the signal to Red Flash as authorized by the CONTRACT ADMINISTRATOR or approved designee and will return and reset the signal to Normal when so instructed. Calls to set a signal to Red Flash during REGULAR HOURS will be considered ROUTINE MAINTENANCE. Calls for this service after normal service hours will be considered AFTER REGULAR HOURS repairs and associated costs will be paid in accordance with unit price as bid. 21.05 Test Function/Detection/Cvclinq. The CONTRACTOR shall respond to calls received during REGULAR HOURS and perform testing of signal function/detection/cycling issues. These calls shall be considered ROUTINE MAINTENANCE and associated costs will paid in accordance the bid item rate for service. Calls received outside normal service hours will be considered AFTER REGULAR HOURS REPAIRS and costs will be paid in accordance with unit prices. 21.06 Pedestrian Push Button Replacement. The CONTRACTOR shall replace malfunctioning pedestrian push buttons as ROUTINE REPAIRS. Replacement of malfunctioning pedestrian push buttons shall be scheduled during REGULAR HOURS whenever possible. 21.07 Adjust Signal Timing. The CONTRACTOR shall perform timing adjustments only when directed to do so, in advance, by the Traffic Engineer or his appointed designee or to compensate for sudden changes in traffic conditions or malfunctioning traffic signal equipment that cannot be repaired or replaced immediately. The CONTRACTOR shall notify the CONTRACT ADMINISTRATOR of these adjustments immediately upon completion and obtain approval by the Traffic Engineer. Should the Traffic Engineer not concur with the temporary timing, CONTRACTOR shall return to the intersection and make necessary adjustments as instructed. All temporary timing changes shall be noted on the cabinet log sheet. All permanent timing changes will also be logged on the timing sheet and a new timing sheet will be obtained and placed into the cabinet as soon as possible. These calls shall be considered ROUTINE REPAIRS and associated costs will paid in accordance the bid item rate for service. Calls received outside normal service hours will be considered AFTER REGULAR HOURS REPAIRS and costs will be paid in accordance with unit prices. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 35 of 58 Al 21.08 LOOP Set Testing. The CONTRACTOR shall report on-going detection problems to the CONTRACT ADMINISTRATOR for determination if loop- set testing is required. Loop-set testing shall be performed at the discretion of the CONTRACT ADMINISTRATOR or appointed designee. A loop-set is defined as all loops connected to a single lead-in cable of a single loop detector amplifier in a rack slot. The loop-set testing shall include disconnecting all loops from the lead-in cable to separate the individual loop-sets from the slot to be tested, a meg check of each individual loop and the DLC (detector lead-in cable), and reconnection of the loops. 21.09 Loop Detector Replacement. Loop detector replacement is not guaranteed. It is scheduled on an as needed basis only. Compensation therefore will be at the agreed upon price per loop for actual quantities only. In most cases, the CONTRACTOR will be required to install (4) or more loops at one time; however, the City reserves the right to request fewer than four (4) loops if deemed necessary by the CONTRACT ADMINISTRATOR or appointed designee. New loop configuration will be four (4) Type E loops per lane unless otherwise indicated. Loop installation will include pavement cutting, placement of the conductors including home run, sealing pavement cuts, and connection to DLC in pull box so that loop-set is functioning properly upon completion of the installation. Only IMSA/TSA Level II or higher technicians are authorized to make loop connections within the cabinet. 21.10 Video Detection Camera Service. The CONTRACTOR shall clean and verify proper alignment for all video detection cameras. CONTRACTOR shall check mounting hardware for corrosion and shall adjust and align as needed. Camera service shall be completed every six months. The spring service shall begin after March 1 and before April 30. The fall service shall begin after September 1 and before August 31. Video detection camera service must be completed within sixty calendar days following start date. 21.11 Cabinet Filter Replacement. The CONTRACTOR shall replace cabinet filter every six months. Should CONTRACTOR determine at any other time that cabinet filter needs to be replaced, approval from the CONTRACT ADMINISTRATOR or appointed designee shall be obtained prior to replacement. 21.12 School Flasher Programming. The CONTRACTOR shall program all school zone warning flashers prior to and upon completion of the school year. The CONTRACT ADMINISTRATOR will provide an operating schedule. The CONTRACTOR shall manually enter this information into the digital clocks at each location. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 36 of 58 21.13 Conflict Monitor Testing. Within 90 days after execution of this agreement and annually thereafter, and/or when so instructed by the CONTRACT ADMINISTRATOR or appointed designee, the CONTRACTOR shall remove each 2010 ECL conflict monitor for testing in the field. The CONTRACTOR shall provide all testing equipment and previously tested conflict monitor units and diode boards for use during the testing period. Conflict monitors must meet manufacturer's specifications prior to reinstallation into the cabinet. Copies of test results will be submitted to the City upon request by the CONTRACT ADMINISTRATOR or appointed designee. CONTRACTOR must complete conflict monitor testing on all designated intersections within ninety (90) days or be subject to the assessment of liquidated damages at the discretion of the CONTRACT ADMINISTRATOR. CONTRACTOR will notify the City prior to beginning the conflict monitor testing. CONTRACTOR shall submit a time schedule for the completion of the conflict monitor testing program for approval. The CONTRACTOR shall update the schedule daily during completion. 21.14 UPS Battery Replacement. The CONTRACTOR shall replace batteries for the uninterruptable power system (UPS) as needed. Batteries not replaced due to failure must be replaced every five (5) years. When replaced due to age, all batteries in the system must be replaced. CONTRACTOR is responsible for appropriate battery recycling/disposal and all costs associated with disposal. 21.15 Annual Head Cleaning and Mast Arm Inspection. Beginning in January or as otherwise mutually agreed, CONTRACTOR shall initiate the Annual Head Cleaning and Mast Arm Inspection. This work must be completed within ninety calendar days. CONTRACTOR will visually inspect all overhead equipment for signs of damage and/or deterioration. This includes the connection of the mast arm to the main pole and all appurtenances to the mast arm. CONTRACTOR will clean the face of all indications. For incandescent indications, CONTRACTOR will clean the reflector and lens also. CONTRACTOR will inspect and ensure proper electrical connections at all overhead appurtenances including heads, cameras, Opticom detectors, and signs. 21.16 Method of Payment for Routine Repairs. Each service identified in Bid Schedule A "ROUTINE MAINTENANCE/REPAIRS" has an associated bid item price. This bid item price includes all materials and labor required to provide the services indicated in the bid schedule. Amounts indicated in the bid schedule are estimates based on maintenance history and anticipated City needs. Quantities indicated are not guaranteed. The actual quantities may differ. The CONTRACTOR will be compensated for actual work performed. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 37 of 58 22.00 NON-ROUTINE REPAIRS & SPECIAL PROJECTS - EXTRA WORK 22.01 Non Routine Repairs & Special Projects. REPAIRS and/or SPECIAL PROJECTS requested by the CONTRACT ADMINSTRATOR that are not included in Bid Schedule A "ROUTINE MAINTENANCE/REPAIRS" shall be performed by the CONTRACTOR in accordance with Section 16 "Extra Work", Section 17 "Negotiated Proposal and Acceptance" or Section 18 "Time and Materials" at the discretion of the CONTRACT ADMINISTRATOR. Payment for Extra Work on a Negotiated Proposal and Acceptance shall be compensated as indicated in the proposal submitted by the CONTRACTOR as accepted by the CONTRACT ADMINISTRATOR. Payment for Extra Work on a Time and Materials bases shall be compensated for the prices quoted in Bid Schedule B "ANNUAL REGULAR HOURS REPAIRS" or as indicated in Bid Schedule C "AFTER REGULAR HOUR REPAIRS" dependent upon when the CONTRACTOR is dispatched to perform the work. These REPAIRS will be billed using the labor rates and markup for parts as indicated in the CONTRACTOR'S bid. Charges for these services will begin upon arrival on-scene and will end upon departure. In cases where the time needed to make associated repairs necessary to return the signal to safe and/or normal operation is less than two staff hours, Contractor will bill the City for a minimum two hour call-out. Travel time or portal to portal pay is not included in this agreement. 22.02 Extra Work. Extra Work under Section shall be defined as scheduled or non scheduled repairs and/or services resulting from any part of a traffic signal system that is damaged by collision, acts of God, malicious mischief, vandalism, or normal deterioration due to the passage of time, excepting any damage resulting from the negligence of the CONTRACTOR, that are determined by the CONTRACT ADMINISTRATORIo be outside the scope of ROUTINE REPAIRS OR ROUTINE MAINTENANCE services. Work performed as "EXTRA WORK" will be within the time agreed upon by both parties at the time work is assigned. Work not completed within this mutually agreed schedule may be assessed liquidated damages. The CONTRACT ADMINISTRATOR may request that the CONTRACTOR respond to the scene of collisions at signalized intersections in order to verify proper signal operation. In this case, the CONTRACTOR shall perform a review of the traffic signal facility including a thorough inspection of all equipment for physical damage or equipment malfunction. CONTRACTOR shall also observe traffic movement and verify normal signal operation. CONTRACTOR shall then submit, in writing, a report summarizing the results of the inspection to the CONTRACT ADMINISTRATOR or appointed designee within 48 hours of the incident. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 38 of 58 SPECIAL PROJECTS may include, but are not limited to routine repair or maintenance tasks including systematic re-lamping of traffic signals, pedestrian heads, or ISNS units. SPECIAL PROJECTS may also include scheduled REPAIRS caused by vehicle accidents, acts of god, or other unforeseen traffic signal work. Any SPECIAL PROJECTS requested by the City that can be scheduled to during normal working hours will be scheduled at a mutually agreed upon time. 22.03 Parts. The CITY reserves the right to provide the CONTRACTOR with parts needed to perform Extra Work. 23.00 CONTRACTOR'S EQUIPMENT 23.01 Contractor's Equipment Used in Performance of Contract. The machinery and equipment used by the CONTRACTOR in the furtherance of this agreement shall be modern, clean, and maintained in proper working condition at all times consistent with current standards of the industry and subject to the approval of the CONTRACT ADMINISTRATOR or approved designee. All equipment shall be clearly marked with the CONTRACTOR'S name, contractor's license number and shall have the words "Under Contract to the City of Carlsbad" attached to each unit in service. When requested by the CONTRACT ADMINISTRATOR or approved designee, the CONTRACTOR shall supply the City with a list of the equipment being used in furtherance of this agreement including its make, model, date of manufacture, and any other information deemed pertinent. All equipment shall be made available for inspection after 24 hours notification to the CONTRACTOR. All vehicles used to perform maintenance duties during normal service hours will have aerial capabilities. 23.02 City Provided Equipment. The CONTRACTOR will be issued a handheld EVP emitter and emitter testing unit for the purpose of better maintaining the City's emergency vehicle preemption system. This, and any other diagnostic equipment provided to the CONTRACTOR, will remain the property of the City of Carlsbad and must be returned to the CONTRACT ADMINISTRATOR or approved designee upon termination of this agreement. 23.03 At least one technician assigned to this agreement shall have a CONTRACTOR provided laptop computer with CONTRACTOR provided wireless e-mail service for communication with the CITY. The CONTRACTOR shall provide QuikLoad software from McCain on this laptop computer. This laptop computer shall be available to the technician at any time the technician is servicing the CITY'S equipment. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 39 of 58 24.00 RECORDS MAINTENANCE 24.01 Records Maintenance. The CONTRACTOR shall maintain at his/her place of business a record of all service calls or work performed upon the signal equipment including date, location, times in and out, costs for equipment and materials used, parts and supplies used, and the names of all persons who performed work. Each time work is performed at an intersection, including routine repairs and maintenance, the CONTRACTOR will update the record book within the cabinet. The CONTRACTOR will maintain accurate timing information sheets within the controller cabinet at each signalized intersection. The CONTRACTOR will provide copies of these sheets upon request of the CONTRACT ADMINISTRATOR or approved designee. 25.00 PARTS AND MATERIALS 25.01 Parts and Materials. All materials used by the CONTRACTOR in the furtherance of this agreement shall be in accordance with Caltrans specifications, City of Carlsbad specifications and shall be approved by the CONTRACT ADMINISTRATOR or approved designee. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 40 of 58 EXHIBIT "B" CITY OF CARLSBAD TRAFFIC SIGNAL MAINTENANCE SERVICES BID NO. 10-02 CONTRACTOR'S WORK FORCE The CONTRACTOR shall set forth in Exhibit B to the proposed CONTRACT: A. Each labor or supervisory position by title that will make up the CONTRACTOR'S work force needed to provide the described services. B. A sufficiently detailed explanation of the minimum qualifications for a person working in each position title, including any required licenses and/or certifications, C. The minimum annual man-hours for each position title that the CONTRACTOR proposes to commit to the performance of the described services. D. A list and description of the qualifications of other pertinent staff that are not to be directly committed to this project but who will be available to support, consult, perform Extra Work, and the like. E. A description of CONTRACTOR'S systematic skills training program The information provided in this attachment Is for the purposes of determining the CONTRACTOR'S commitment and preparedness to perform the DESCRIBED SERVICES, and assuring that the CONTRACTOR'S bid is reasonable and complete. Nothing in this Attachment shall In any way be construed to remove, lessen, or relieve the CONTRACTOR from any responsibility prescribed by the CONTRACT. CONTRACTOR may attach additional pages to describe Minimum Qualifications, if needed. Label any such pages "Exhibit B - Additional Information* along with the appropriate position title(s) corresponding to this form. A. POSITION TITLE B. MINIMUM QUALIFICATIONS C. TOTAL ANNUAL HOURS 3IMSA UotL I !IL VZcfatCi**) V&HK. a*Jt IOO City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 41 of 58 EXHIBIT "B" Page 2 CONTRACTOR'S WORK FORCE (Continued) A. POSITION TITLE B. MINIMUM QUALIFICATIONS C. TOTAL ANNUAL HOURS ICO "luis Tefa^A'Tzckwtiw f &*sfatdw<I&C 9. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 42 of 58 EXHBIT"B" Page3 CONTRACTOR'S WORK FORCE (Continued) D. Other Staff Support Title Description / Qualifications 4 5 E. Description of CONTRACTOR'S employee training program City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 43 of 58 "Appendix B" CITY OF CARLSBAD TRAFFIC SIGNAL MAINTENANCE SERVICES BID NO. 10-02 INSPECTION RATING FORM SITE: ECR& FARADAY INSPECTOR: MARC KRATZER 5/30/09 Possible Previous Rating This Category Description Points Period Period Required routine maintenance tasks performed Contractor's service logs complete and accurate Contractor performing services on Scheduled Day Work area is clean, neat and safe Personnel in Proper Uniforms Vehicles Marked as Required Rating Totals Deduction Percent 25 15 15 15 15 15 100 22 15 11 15 15 15 93 23 13 11 15 15 15 92 Deduction Percent Adjusted Payment Formula Monthly Payment Deduction Amount Adjusted Monthly Payment 3 0.03 $1,181.04 $35.43 $1,145.61 City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 44 of 58 "Appendix C" CITY OF CARLSBAD TRAFFIC SIGNAL MAINTENANCE SERVICES BID NO. 10-02 EQUIPMENT LIST Sig ID Main St 1 Adams 2 Alga Rd 3 Alga Rd 4 Alga Rd 5 Alga Rd 88 Alga Rd 153 Alga Rd 183 Alicante 160 Alicante St 6 Ambrosia Ln 147 Ambrosia Ln 132 Appian Wy 7 Arenal Rd 8 Armada Dr 9 Aston Av 140 Avenida Encinas 10 Avenida Encinas 11 Avenida Encinas 12 Avenida Encinas i 13 Avenida Encinas 190 Avenida La Cima 166 Avenida Soledad 14 Aviara Pkwy 15 Aviara Pkwy 181 Aviara Pkwy 115 Aviara Pkwy 56 Aviara Pkwy 16 Aviara Pkwy 129 Aviara Pkwy 136 Aviara Pkwy 114 Aviara Pkwy 17 Aviara Pkwy 89 Aviara Pkwy 128 Aviara Pkwy 109 Aviara Pkwy 18 Batiquitos Dr 19 Beech Av 186 Black Rail Rd 124 Breakwater Rd 161 Bressi Ranch Wy Cross St Tamarack Alicante St Corintia St El Camino Real El Fuerte St Melrose Dr Xana Wy Town Garden Rd Poinsettia Ln Aviara Pkwy Poinsettia Ln Carlsbad Village Dr El Camino Real Palomar Airport Rd College Bl Cannon Rd Carlsbad Bl Palomar Airport Rd Poinsettia Ln San Lucas Rancho Santa Fe Rd Rancho Santa Fe Rd Batiquitos Ln Black Rail Ct Camino de lasOndas Cobblestone Rd College Blvd Four Seasons Pt Kestrel Dr Kingfisher Laurel Tree Ln Manzanita St Mimosa Dr Plum Tree Rd Poinsettia Ln Poinsettia Ln Carlsbad Bl Poinsettia Ln Carlsbad Bl El Fuerte St Other St Aviara Pkwy Avenida de Anita Price Club Poinsettia Village Baccharis Av Mariposa Rd Palomar Airport Rd Cormorant Dr Plaza Paseo Real Video No Yes Yes Yes Yes No Yes No Yes No Yes Yes Yes Yes No Yes No No No No No No Yes No No No Yes Yes No Yes No No No No Yes Yes Yes No No No City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 45 of 58 Sig ID Main St 20 Cadencia St 154 Calle Acervo 21 Calle Barcelona 142 Calle Barcelona 148 Calle Barcelona 189 Calle Barcelona 22 Calle Barcelona 141 Calle Barcelona 163 Calle Timeteo 23 Camino Alvaro 24 Camino de las Ondas 25 Camino de los Coches 26 Camino de los Coches 150 Camino Junipero 27 Camino Vida Roble 28 Camino Vida Roble 146 Cannon Rd 29 Cannon Rd 110 Cannon Rd 138 Cannon Rd 139 Cannon Rd 179 Cannon Rd 144 Cannon Rd 188 Cannon Rd 30 Cannon Rd 31 Cannon Rd 187 Cannon Rd 184 Car Country Dr 32 Carlsbad Bl 33 Carlsbad Bl 34 Carlsbad Bl 35 Carlsbad Bl 36 Carlsbad Bl 37 Carlsbad Bl 125 Carlsbad Bl 38 Carlsbad Bl 39 Carlsbad Bl 155 Carlsbad Village Dr 149 Carlsbad Village Dr 40 Carlsbad Village Dr 120 Carlsbad Village Dr 41 Carlsbad Village Dr 157 Carlsbad Village Dr 42 Carlsbad Village Dr 43 Carlsbad Village Dr Cross St La Costa Av Camino de los Coches El Camino Real Forum Main Entrance Paseo Aliso Paseo Avellano Rancho Santa Fe Rd Woodfern Camino de los Coches Rancho Santa Fe Rd Paseo del Norte Rancho Santa Fe Rd Stagecoach Rancho Santa Fe Rd El Camino Real Palomar Airport Rd Car Country Dr Carlsbad Bl El Camino Real Faraday Av Frost Av Grand Pacific Dr Hemingway Dr Hilltop Legoland Dr Paseo del norte Wind Trail Wy Paseo del norte Carlsbad Village Dr Cerezo Dr Grand Av Island Wy Pine Av Poinsettia Ln Ponto Rd Solamar Dr Tamarack Av Chatham Rd College Bl Concord St Donna Dr El Camino Real Glasgow Dr Harding St Highland Dr Other St Olivenhain Rd Maverick Wy Video No Yes No Yes Yes No Yes Yes Yes No Yes Yes No Yes Yes No Yes No Yes Yes No No Yes No Yes Yes No No No No No No No No No No No Yes Yes No No No No No No City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 46 of 58 Sig ID Main St 44 Carlsbad Village Dr 45 Carlsbad Village Dr 46 Carlsbad Village Dr 47 Carlsbad Village Dr 130 Carlsbad Village Dr 48 Carlsbad Village Dr 49 Carlsbad Village Dr 113 Carlsbad Village Dr 122 Carlsbad Village Dr 112 CarrilloWy 50 Cassia Rd 51 Chestnut Av 52 Chestnut Av 53 Cinema Wy 54 College Bl 55 College Bl 168 College Bl 167 College Bl 152 College Bl 135 College Bl 126 Company Stores 162 Corintia St 57 Costa del Mar Rd 145 Crystaline Dr 58 Dove Ln 59 El Camino Real 60 El Camino Real 67 El Camino Real 61 El Camino Real 62 El Camino Real 119 El Camino Real 63 El Camino Real 64 El Camino Real 65 El Camino Real 66 El Camino Real 134 El Camino Real 68 El Camino Real 94 El Camino Real 176 El Fuerte 164 El Fuerte St 165 El Fuerte St 69 El Fuerte St 159 El Fuerte St 175 Estrella de Mar Cross St Jefferson St Madison St Monroe St Pio Pico Dr Pontiac Dr Roosevelt St State St Tamarack Av ValleySt Melrose Dr El Camino Real El Camino Real Monroe St Marron Rd El Camino Real Faraday Ave Inlet Wy Rift Rd Tamarack north Tamarack South Paseo del norte El Fuerte St El Camino Real Poinsettia Ln El Camino Real Faraday Hosp Wy Jackspar Dr Kelly Dr La Costa Av La Costa Towne Ctr Levante St Marron Rd Palomar Airport Rd Plaza Poinsettia Ln Tamarack Av Town Garden Rd Faraday Av Gateway Rd Greenhaven Dr Palomar Airport Rd Poinsettia Ln Poinsettia Ln Other St Red Bluff Rd Ridgefield Rancho Carlsbad Dr Plaza Camino Real / Vons Center Video Yes No No No Yes No No Yes No No Yes No No Yes Yes Yes No No Yes Yes Yes Yes No Yes Yes Yes Yes Yes No Yes No Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes No City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 47 of 58 SigID Main St Cross St Other St Video 174 Faraday Av 173 Faraday Av 123 Faraday Av 178 Faraday Av 177 Faraday Av 185 Fire Station #6 70 Grand Av 71 Grand Av 72 Grand Av 73 Hidden Valley Rd 171 Innovation Wy 74 Jefferson St 75 Jefferson St 76 Jefferson St 77 Jefferson St 143 La Costa Av 78 La Costa Av 79 La Costa Av 93 La Costa Av 80 La Costa Av 172 Lionshead Av 81 Marron Rd 82 Melrose Dr 92 Melrose Dr 111 Melrose Dr 169 Mica Rd 182 Olivenhain MWD Entrance 84 Palomar Airport Rd 85 Palomar Airport Rd 91 Palomar Airport Rd 86 Palomar Airport Rd 87 Paseo del norte 156 Paseo Escuela 151 Paseo Lupino 170 Poinsettia Ln 158 Poinsettia Ln 90 Rancho Santa Fe Rd Orion St Priestly Dr Van Allen Wy Whiptail Loop E Whiptail Loop W Rancho Santa Fe Rd Jefferson St Roosevelt St State St Palomar Airport Rd Palomar Airport Rd Laguna Dr Las Flores Dr Marron Rd Tamarack Av La Costa Towne Center Rancho Santa Fe Rd Romeria St Saxony Rd Viejo Castilla Wy Melrose Dr Monroe St Palomar Airport Rd Poinsettia Ln Rancho Bravado Poinsettia Ln Rancho Santa Fe Rd Palomar Oaks Wy Paseo del norte Paseo Valindo Yarrow Dr Poinsettia Ln Poinsettia Rancho Santa Fe Rd Quartz Wy Snapdragon Dr San Elijo Loker Av West Paseo Corto . No No No Yes Yes No Yes No No Yes No Yes Yes Yes No Yes Yes No No No No Yes No No No No No No Yes No No Yes Yes Yes No Yes Yes City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 48 of 58 "Appendix D" CITY OF CARLSBAD TRAFFIC SIGNAL MAINTENANCE SERVICES BID NO. 10-02 ROUTINE MAINTENANCE SCHEDULES City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 49 of 58 CITY OF CARLSBAD TRAFFIC SIGNAL MAINTENANCE BID NO. 10-02 Monthly Inspection Checklist PERFORMED BY CONTRACTOR C A B I N E T C 0 N T R O L L E R P E D E S T R I A N Clean inside of cabinet Remove graffiti Clean filter Verify fan operation Check general condition Pest control Verify timing & clocks Verify program per chart Verify functions per chart Check back-up battery Verify detection operation Verify EVP in program Check flasher card operation Verify ppb operation Check ppb mounting Verify indication Check head condition M O N T H DATE INSPECTED ALL OK DIRECTION FAILURE ACTION* D/ITE OF ACTION COMMENTS * 1 = Repairs completed by Contractor per maintenance agreement 2 = Repairs completed by Contractor at City's request - incident number assigned 3 = Referred to City for repair City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 50 of 58 CITY OF CARLSBAD TRAFFIC SIGNAL MAINTENANCE BID NO. 10-02 Monthly Inspection Checklist (continued) PERFORMED BY CONTRACTOR H A R D W A R E & A P P U R T E N C E S Check head visibility & clear/report as needed Check ISNS - visual Check head alignment Check backboard & visor Verify indication operation Check pole & base condition Remove graffiti Check mastarm & framework condition Check Opticom scope condition Verify terminal & pole coverplate security Check pull box & cover condition Check electric service condition Check camera or loop / pavement condition M O N T H DATE INSPECTED ALL OK DIRECTION FAILURE ACTION* DATE OF ACTION COMMENTS * 1 = Repairs completed by Contractor per maintenance agreement 2 = Repairs completed by Contractor at City's request - incident number assigned 3 = Referred to City for repair City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 51 of 58 CITY OF CARLSBAD TRAFFIC SIGNAL MAINTENANCE BID NO. 10-02 Quarterly Inspection Checklist PERFORMED BY CONTRACTOR C A B I N E T C 0 N T R O L L E R P E D E S T R I A N Clean inside of cabinet Remove graffiti Clean filter Verify fan operation Check general condition Pest control Lube all doors & locks Verify timing & clocks Verify program per chart Verify functions per chart Check back-up battery Verify detection operation Verify EVP in program Check flasher card operation Tighten electrical connections at cabinet service & load bay Verify ppb operation Check ppb mounting Verify indication Check head condition M O N T H DATE INSPECTED ALL OK DIRECTION FAIL LIRE ACTION* DATE OF ACTION COMMENTS * 1 = Repairs completed by Contractor per maintenance agreement 2 = Repairs completed by Contractor at City's request - incident number assigned 3 = Referred to City for repair City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 52 of 58 CITY OF CARLSBAD TRAFFIC SIGNAL MAINTENANCE BID NO. 10-02 Quarterly Inspection Checklist (continued) PERFORMED BY CONTRACTOR H A R D W A R E & A P P U R T E N C E S Check head visibility & clear/report as needed Check ISNS - visual Check head alignment Check backboard & visor Verify indication operation Check pole & base condition Remove graffiti Check mastarm & framework condition Check opticom scope condition Verify terminal & pole coverplate security Check pull box & cover condition Check electric service condition Check camera or loop / pavement condition M O N T H DATE INSPECTED ALL OK DIRECTION FAILURE ACTION* DATE OF ACTION COMMENTS * 1 = Repairs completed by Contractor per maintenance agreement 2 = Repairs completed by Contractor at City's request - incident number assigned 3 = Referred to City for repair City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 53 of 58 VALUE ADDED OFFERINGS ENGINEERING & PROFESSIONAL SERVICES Republic ITS's engineering staff is available to provide traffic signal modification design, signal timing and coordination enhancement, and many other traffic, civil and electrical engineering related services. Our unique ability to design, construct and maintain all facets of traffic signals and streetlights using in-house staff is one example of the many aspects that set Republic ITS apart from other maintenance companies. Republic ITS's Traffic F.ngmeering Services Group offers a full spectrum of traffic, civil, and construction engineering services. Our team of licensed Traffic and Civil Engineers and International Municipal Signal Association (1MSA) technicians offer complete solutions to your transportation engineering needs. Our ultimate goal is to provide municipalities with exceptional, cost effective traffic engineering support to meet all their transportation engineering requirements. Republic ITS Offers Engineering Expertise in the following Areas • Intelligent Transportation System (ITS) management & operations • Design review services • Development and implementation of operations and maintenance programs • Design/Build improvement projects • Traffic signal and streetlight system design Republic ITS's engineering professionals possess significant practical experience in both the public and private sectors. We have decades of combined experience worthing for public works departments and consulting engineering firms. Republic ITS staff can offer: " Complete Design/ Build services for traffic signals, pedestrian crossings, street lighting and other electrical infrastructure projects Traffic signals, signal modifications, and signal interconnect plans Traffic control plans traffic signing and striping plans Pedestrian and bicycle transportation enhancements Inspection of traffic signal and streetlight construction traffic Operations Services • Monitor and utilize traffic management systems, including VMS 330, Actra, Streetwise, Quickttt'l/4 and Traconet among others • Develop, review, and implement traffic signal timing and coordination plans for Type 170/2070 and NEMA controllers • Evaluate and recommend future development of a traffic operations center City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 54 of 58 • Assess and recommend innovative technology/ products such as video detection, radar speed signs, red light enforcement cameras, extinguishahle LED signs, etc Republic 1'IVs staff of California Board-Licensed civil and traffic engineers teamed up with 1 MSA-certified electricians have a combined extensive knowledge and experience in the design, construction, and maintenance of various ATMS systems and their equipment and components Systems we have maintained and operate include but are not limited to the following proprietary systems: Mutttsomcs VMS 220 & 330, Naztec Streetwise, Eagle ACTRA, BI-Tran, and Traconet, We recognize that use of emerging AIMS and Intelligent Transportation Systems (ITS) technologies are becoming a trend among forward- thinking municipal agencies. As such, Republic ITS has established powerful partnerships and has gained extensive knowledge and experience in various ATMS system design, integration, implementation, and maintenance. As a service maintenance provider throughout the State and nation, we have acquired the unique ability to keep abreast with emerging ATMS technologies that are actually being implemented around the country. This creates the added benefit of allowing us to learn from other agencies, whkh in turn provides the greater ability to provide expedient maintenance and troubleshooting to our customers. Analysis Services • Conduct stop control and traffic signal warrant evaluations • Evaluate existing illumination levels • Develop, maintain and analyze collision databases for long term tracking of transportation system safety performance and potential for mitigations • Perform intersection level of service, timing and coordination analysis using various software programs, such as Synchro, SimTraffic, TRANSIT 7F, and PASS1..K General, I mmportation Engineering Services • Pursue various Federal, State, Regional and Utility funding programs such as TEA-21, Safe Routes to School, Hazard Elimination Safety, Transportation Hund for Air Quality. Transportation for Livable Communities and Regional Traffic Signal Timing • Develop and recommend signing, striping and lighting specifications and standards • Evaluate and address various citizen and motorist traffic safety requests and concerns • Conduct and/or review traffic impact studies • Provide inspection and construction management services City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 55 of 58 INFORMATION TECHNOLOGY Republic ITS recognizes that speed, efficiency, and comprehensive service are the keys to customer satisfaction in our industry. With this in mind, we are constantly seeking innovative ways to improve our service delivery. Republic ITS is proud to present a detailed description of PLATO and WiRE (Wireless Republic), our computerized traffit signal maintenance and inventory/bar-cod mg management system. These two applications represent what we believe to be the forefront of customer account management and maintenance tracking in our industry. Both WtRE and PLATO have been developed to match the daily needs of both Republic ITS and our customers • PLATO is Republic ITS's primary maintenance tracking and account management application, comprised of a detailed and flexible database system. It handles detailed project management, contractual information, and scheduling of both service requests and scheduled maintenance. It is the information backbone of Republic ITS and our investment in providing the best possible service to our customers • WiRE is our field access to PLATO, allowing our service crews to access real-time information and scheduling using Microsoft Pocket PC devices. Service response information is transmitted in real-time back to PLATO, allowing monitoring of service status and inventory information. PLATO PLATO was developed to provide rapid access to service requests, maintenance scheduling, and detailed work histories for intersections. Based on Microsoft's web application framework, PI.ATO is available to any workstation with access to Republic ITS's intranet. I his provides maximum flexibility in Plato's deployment, making it available to any internal computer with a browser. The information handled by PLATO includes: • Service Request Management and Scheduling, including time stamping and dispatching. « Scheduled Maintenance Management and Scheduling, • intersection Details, including inventories of equipment maps, CAD drawing, timing sheets, etc. • Detailed Service Descriptions, allowing us to tailor the service rendered in the field to the precise specifications of the City. • Agency Information Management, including contacts, billing information, etc. • Contractual Information, including frequencies of scheduled maintenance, contract periods, "Not to Exceed" limits, etc. • Internal communications, such as pertinent notes, etc. • Report Generation, including invoices, materials use, etc. • Inventory control, including real-time tracking of available and installed equipment Information available to view or download through the Customer Extranet includes: • Real-time status of Scheduled Maintenance and Service Request calls • Real-time Intersection Inventories. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 56 of 58 • Real-time Equipment Inventories. • Intersection maintenance histories, maps, CAD drawings, digital photographs. • Account information, such as contacts and billing. In addition, the information available to City staff can be tailored to meet the City's needs. Republic ITS will work with the City to make sure you get the information you need to successfully serve your customers. Electronic Service Request WiRt WiRE allows our technicians in the field access to an array of useful data. Maintenance histories for the intersection, inventory bar-coding & scanning, downloading timing sheets and uploading them to a controller, digital photographic documentation, all contribute to a quicker, more successful visit from a Republic ITS signal technician. In addition, our scheduled maintenance activities and responses to service requests are documented on-site utilizing our hand-held devices, as well as documentation noting any other needed repair work, WiRE also functions as a dispatching tool; once a service request is dispatched to a technician, relevant information concerning the nature of the call and the intersection is immediately available. City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 57 of 58 Typical Screen Shots of the WiRE Interface FLEXIBILITY The most important aspect of the applications described above is the flexible nature of their use and their potential for future development. Republic ITS can work with the City's staff to customize the applications to maximize their usefulness and provide the level of service the City desires. This flexibility includes the ability to modify types of information collected, downloading of information, visual representation, means of access, or other conveniences the City wishes. In summary, we believe that our exclusive PLATO and WiRE software technology will not only increase our productivity and accuracy in the held, but it will also be a valuable source of information for vour staff. WiRE and PLATO Training Session City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 58 of 58 CITY OF CARLSBAD - AGENDA BILL AB#20.045 MTG. 12/01/09 DEPT.ENG APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CORRUGATED METAL PIPE REPLACEMENT PROGRAM - ALDER AVENUE AND MARRON ROAD, PROJECT NO. 6607 DEPT. HEAD "P -T"N. >- CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2009-292 approving plans and specifications and authorizing the City Clerk to advertise for bids for the Corrugated Metal Pipe Replacement Program - Alder Avenue and Marron Road, Project No. 6607. ITEM EXPLANATION: The Corrugated Metal Pipe (CMP) Replacement Program was established as a five-year program to replace, repair or remediate deteriorated CMP storm drain systems throughout the City. The pipelines included in the program were identified after City staff inspected the interior of the storm drain pipe and assessed the condition of CMP pipelines. The program includes the replacement or remediation of 25 storm drain pipelines. The Alder Avenue project will construct new storm drain and curb inlets to alleviate an existing drainage issue and install a cured-in-place liner into an existing pipeline that conveys run off from Alder Avenue down to El Camino Real a distance of 252 feet. The Marron Road project will install a cured-in-place liner into a storm drain pipeline in the Westfield Shopping Center parking lot near the North County Transit District Transit Center. ENVIRONMENTAL IMPACT: The project is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301(b) - minor alteration of existing facilities of public utility services involving negligible or no expansion. A portion of the project is located in the coastal zone. However, repair and maintenance activities not described in Carlsbad Municipal Code Section 21.201.070 do not require a Coastal Development Permit. DEPARTMENT CONTACT: Sherri Howard 760-602-2756 Sherri.Howard@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D Dn Dn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES nnn n Page 2 FISCAL IMPACT: Table 1 shows the current status of the CMP Replacement Program: TABLE 1 - CMP REPLACEMENT PROGRAM - PROJECT NO. 6607 TASK DESCRIPTION Design Construction, Inspection, Materials Testing Environmental Mitigation & Monitoring Real Property Acquisition TOTAL APPROPRIATED TO DATE $501,000 $1,247,700 $31,000 $29,300 $1,809,000 EXPENDITURES/ ENCUMBRANCES/ OBLIGATIONS TO DATE $309,778 $141,767 $50 $24,300 $475,895 REMAINING BALANCES $191,222 $1,105,933 $30,950 $5,000 $1,333,105 An Engineer's Estimate of the construction cost for the Alder Avenue and Marron Road pipeline rehabilitation was prepared by Harris and Associates on September 25, 2009, and totals $146,000. The total estimated construction cost is shown in Table 2. TABLE 2 - PROJECT CONSTRUCTION COST ESTIMATE CMP REPLACEMENT PROGRAM ALDER AVENUE AND MARRON ROAD PROJECT NO. 6607 Construction Contract (Engineer's Estimate) Construction Contingency (10%) Construction Management and Inspection (10%) Testing (5%) TOTAL ESTIMATED CONSTRUCTION COSTS (ALDER AVENUE AND MARRON ROAD) PROJECT AVAILABLE BALANCE ADDITIONAL APPROPRIATION ANTICIPATED FOR CONSTRUCTION ESTIMATED COSTS $146,000 $14,600 $14,600 $7,300 $182,500 $1,333,105 -0- Sufficient funds have been appropriated from the Infrastructure Replacement Fund (IRF) to fund this project. Annually, funds are added to the project through the Capital Improvement Program. This funding source is not subject to State or Federal restrictions regarding prevailing wage. Therefore, pursuant to Carlsbad Municipal Code Section 3.28.130, prevailing wages are not required for the construction of CMP Replacement Program, Project No. 6607. Staff recommends approving the plans and specifications and authorizing the City Clerk to advertise for bids for the construction of CMP Replacement Program -Alder Avenue and Marron Road, Project No. 6607. EXHIBITS: 1. Location map. 2. CMP Replacement Program Project List. 3. Resolution No. 2009-292 approving plans and specifications, and authorizing the City Clerk to advertise for bids for the Corrugated Metal Pipe Replacement Program - Alder Avenue and Marron Road, Project No. 6607. cX LOCATION MAP SITE HWY78 SITE CITY OF OCEANSIDE HIGHWAY ±^ SITE VICINITY MAP HOT TO SCALE NOT TO SCALE SITE PROJECT NAME CORRUGATED METAL PIPE REPLACEMENT PROGRAM ALDER AVENUE & MARRON ROAD PROJECT NUMBER 6607-3 EXHIBIT 1 DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 9/29/09 C: \CAPITAL\HOWARD\6607 CUP PROGRAM-ALDER-UARRON.DWG Exhibit 2 CMP Replacement Program Project List Fiscal Year 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 Site No.Site Status Environmetally Sensitive Site 3 10 15 19 and 20 21 23 25 31 Westfield Shopping Center north end of Monroe Street State Street from Laguna Drive to Beech Avenue In driveway off Park Drive just south of May Court Easement off Via Libertad On Oak Avenue from Lincoln Street to Washington Street Entrance to Flower Fields Apartments off Avenida de Anita Highland Drive to James Drive between Tamarack Avenue and Chinquapin Avenue On Carlsbad Village Drive between Victoria Avenue & Chatham Road Requesting Authorization to Bid Out to Bid Private ** Out to Bid Out to Bid Private ** Design Complete No No No Yes No No No Yes 13 and 77 14 68 and 69 70 and 71 Easement on the west side of ECR to Cameo Road From Holly Brae Lane in an easement to ECR Easement between Alder Avenue and ECR Easement between Alder Avenue and ECR Complete Design Requesting Authorization to Bid Requesting Authorization to Bid No Yes Yes Yes 6 29 86 and 87 Crossing Jefferson Street between I-5 and Marron Road Easement east of the corner of Oak Avenue & Washington Street crossing RR In an Easement southwest of Hoover Street to the Agua Hedionda Lagoon Pre-Design Pre-Design Pre-Design Yes No Yes 43 47 and 48 60 Easement off Van Allen Way On Costa Del Mar to an easement - entrance to La Costa Resort At the end of cul-de-sac on Badajoz Place to an easement Pre-Design Pre-Design Pre-Design No Yes No 34 42 35 38 39 and 40 57 and 66 63 Crossing Highland Drive at Adams Street Crossing Adams Street just down from Highland Drive Crossing Bruce Road at 1729 to 1751 Bruce Road Easement off Cannon Road on Strawberry Fields From Garfield Street between Date Avenue and Olive Avenue in an easement to Agua Hedionda Lagoon Easement off La Costa Avenue at #2433 La Costa Avenue Easement at Romeria Street and Gibraltar Street Pre-Design Pre-Design Pre-Design Pre-Design Design * Pre-Design Pre-Design Yes Yes No No Yes No No * - Moved forward at request of Operations and Maintenance due to condition ** - Removed from program Updated November 2009 1 RESOLUTION NO. 2009-292 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING TO ADVERTISE 3 FOR BIDS FOR THE CORRUGATED METAL PIPE REPLACEMENT PROGRAM - ALDER AVENUE AND MARRON 4 ROAD. PROJECT NO. 6607. 5 WHEREAS, the City Council of the City of Carlsbad, California, has determined it 6 necessary, desirable, and in the public interest to construct the Corrugated Metal Pipe (CMP) Replacement Program -Alder Avenue and Marron Road; and 8 WHEREAS, the plans and specifications for furnishing of all labor, materials, tools, 9 equipment, transportation, and other expenses necessary or incidental to the CMP Replacement 10 Program - Alder Avenue and Marron Road, Project No. 6607, have been prepared and are on file in the Public Works-Engineering Department of the City of Carlsbad and are incorporated herein by reference; and \ O WHEREAS, funding for said project has been appropriated from the Infrastructure Replacement Fund (IRF) to cover all project costs and is sufficient. I 0 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,16 California, as follows: „ 0 1. That the above recitations are true and correct.1o 1Q 2. That the plans, specifications, and contract documents for the CMP Replacementi y 2Q Program - Alder Avenue and Marron Road, Project No. 6607 are on file in the Public Works- 21 Engineering Department of the City of Carlsbad and are hereby approved. 22 4. The City Clerk of the City of Carlsbad is hereby authorized and directed to 23 publish, in accordance with State law, a Notice to Contractors Inviting Bids for the CMP 24 Replacement Program - Alder Avenue and Marron Road, Project No. 6607, in accordance with 25 the plans, specifications, and contract documents referred to herein. 26 27 28 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the 2 City of Carlsbad on the day of , 2009, by the 3 following vote, to wit: 4 AYES: 5 NOES: 6 ABSENT: 7 8n CLAUDE A. LEWIS, Mayor 9 10 ATTEST: 11 12 LORRAINE M. WOOD, City Clerk 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF CARLSBAD - AGENDA BILL ^p^ j\/fyf AB# 20,046 MTG. 12/01/09 DEPT. ENG APPROVAL OF AMENDMENT NO. 7 TO EXTEND THE PROFESSIONAL SERVICES AGREEMENT PWENG500 WITH BUREAU VERITAS NORTH AMERICA, INC., FOR THE EL CAMINO REAL WIDENING BETWEEN TAMARACK AVENUE AND CHESTNUT AVENUE, PROJECT NO. 3957 DEPT. HEAD/ CITY ATTY. CITY MGR. KTTdS? (Ji^ RECOMMENDED ACTION: Adopt Resolution No. 2009-293 approving Amendment No. 7 to extend the agreement with Bureau Veritas North America, Inc., for the El Camino Real Widening between Tamarack Avenue and Chestnut Avenue, Project No. 3957. ITEM EXPLANATION: The agreement for the engineering services to design improvements for the widening of El Camino Real between Tamarack Avenue and Chestnut Avenue, expired on November 18, 2009, with no available extensions. The project is taking longer than expected due to unanticipated complications in environmental permitting process and geotechnical areas. The final design and right-of-way acquisition is currently underway, and the project's final design is scheduled to be completed in the coming months. Over time, the scope of the project has also increased to include the redesign of the intersection of El Camino Real and Chestnut Avenue, additional retaining wall design changes, and utility undergrounding. ENVIRONMENTAL IMPACT: A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were prepared for the El Camino Real Road Widening project (CDP 07-22/HDP 07-02/SUP 07-04/HMP 07-08). The Notice of Intent (NOI) to adopt a Mitigated Negative Declaration was published in the newspaper November 1, 2007, and sent to the County Clerk's Office for a 30-day public review (October 30, 2007 - November 30, 2007). One comment letter was received during the 30-day review period. The MND was approved by the Planning Commission on June 3, 2009 in compliance with the California Environmental Quality Act (CEQA) Guidelines Section 15074. FISCAL IMPACT: This is only a time extension and additional funds are not required for the project. This project is funded with Traffic Impact Fees and sufficient funds have been appropriated through the Capital Improvement Program. EXHIBITS: 1. Location Map. 2. Resolution No. 2009-293 approving Amendment No. 7 to extend the agreement with Bureau Veritas North America, Inc., for the El Camino Real Widening between Tamarack Avenue and Chestnut Avenue, Project No. 3957. 3. Amendment Number 7 to extend the agreement with Bureau Veritas North America, Inc., for the El Camino Real Widening between Tamarack Avenue and Chestnut Avenue, Project No. 3957. DEPARTMENT CONTACT: Eva Plajzer 760-602-2787 eva.plaizer@carslbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED D DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D LOCATION MAP SITE NOT TO SCALE CITY OF OCEANSIDE HIGHWAY ,_?« SITE VICINITY MAP MOT TO SCALE PROJECT NAME WIDENING OFEL CAMINO REAL BETWEEN CHESTNUT AVENUE AND TAMARACK AVENUE PROJECT NUMBER 3957 EXHIBIT 1 DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 4/18/07 C:\CAPITAL\PLAJZER\3957.DWG 2, 1 RESOLUTION NO. 2009-293 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO APPROVE AMENDMENT NO. 7 TO 3 EXTEND THE PROFESSIONAL SERVICES AGREEMENT PWENG500 WITH BUREAU VERITAS NORTH AMERICA, INC., 4 FOR THE EL CAMINO REAL WIDENING BETWEEN TAMARACK AVENUE AND CHESTNUT AVENUE. PROJECT NO. 3957. 5 6 WHEREAS, the City Council of the City of Carlsbad, California, has determined it 7 necessary and in the public interest to improve El Camino Real between Tamarack Avenue and 8 Chestnut Avenue, Project No. 3957; and 9 WHEREAS, the current agreement, PWENG500 for professional engineering services 10 with Bureau Veritas North America, Inc., to design these improvements expired on November 18, 11 2009; and 12 WHEREAS, the agreement needs to be extended to end on November 17, 2010, to 13 complete the design of these improvements; and 14 WHEREAS, there are sufficient funds appropriated for Project No. 3957. 15 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 16 California, as follows: 17 1. That the above recitations are true and correct. 18 2. That Amendment No. 7 to Extend the Agreement for Professional Engineering 19 Services with Bureau Veritas North America, Inc., is hereby approved. 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the day of , 2009, by the following vote, to wit: AYES: NOES: ABSENT: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) PWENG500 AMENDMENT NO. 7 TO EXTEND THE AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR EL CAMINO REAL WIDENING BETWEEN TAMARACK AVENUE AND CHESTNUT AVENUE, PROJECT NO. 3957 (BUREAU VERITAS NORTH AMERICA, INC.) This Amendment No. 7 is entered into and effective as of the day of 200 , amending the agreement dated November 18, 2005 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Bureau Veritas North America, Inc., a Delaware corporation ("Contractor") (collectively, the "Parties") for professional engineering services for the widening of El Camino Real between Tamarack Avenue and Chestnut Avenue. RECITALS A. On April 14, 2006, the Parties executed Amendment No. 1 to the Agreement to perform focused surveys for the California Gnatcatcher, Least Bell's Vireo, and Rare Plants; and B. On January 31, 2007, the Parties executed an Assignment and Assumption Agreement for Professional Engineering Services by and between the City of Carlsbad, a political subdivision of the State of California ("City"), Berryman & Henigar, Inc., a California corporation ("Assignor"), and Bureau Veritas North America, Inc., a Delaware corporation ("Assignee"); and C. On March 19, 2007, the Parties executed Amendment No. 2 to the Agreement to extend the Agreement for one (1) year and to amend the scope of work to perform additional alternative analysis, improved the preferred project, perform Monarch butterfly surveys, and perform additional environmental services; and D. On August 7, 2007, the Parties executed Amendment No. 3 to the Agreement to perform analysis and prepare the applications for the Coastal Development Permit, Special Use Permit, and Hillside Development Permit; and E. On September 12, 2007, the Parties executed Amendment No. 4 to the Agreement to extend the agreement for a period of one (1) year; and F. On September 17, 2008, the Parties executed Amendment No. 5 to the Agreement to extend the agreement for a period of one (1) year and to amend the agreement to perform additional design and environmental analysis; and G. On June 30, 2009, The Parties executed Amendment No. 6 to the Agreement to amend the agreement to perform additional design, geotechnical, and water quality analysis and provide additional project management and coordination; and H. The Parties desire to extend the agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on November 17, 2010. 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 1 4. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terras and conditions of this Amendment. CONTRACTOR BUREAU VERITAS NORTH AMERICA, INC., a Delaware corporation *By: (sign here) (print name/title) \>Jy l/S . \ UT € (Lu Vc (sign/here) (print name/title) (e-mail address) CITY OF CARLSBAD, a municipal corporation of the State of California By: Gity Manager OP Mayor ATTEST: LORRAINE M. WOOD City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President "Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By:. Deputy City Attorn City Attorney Approved Version #05.22.01 CITY OF CARLSBAD - AGENDA BILL 20.047AB# MTG. 12/01/09 DEPT. ENG ACCEPT CALIFORNIA COASTAL COMMISSION'S COASTAL DEVELOPMENT PERMIT FOR ENCINAS CREEK BRIDGE, CITY PROJECT NO. 3919 DEPT. HEAD CITY ATTY. CITYMGR. '^ RECOMMENDED ACTION: Adopt Resolution No. 2009-294 accepting Coastal Development Permit Number 6-09-051 with Addendum issued by the California Coastal Commission for the Carlabad's Encinas Creek Bridge, City Project No. 3919. ITEM EXPLANATION: The City is currently bidding the reconstruction of the Encinas Creek Bridge located on southbound Carlsbad Boulevard between Palomar Airport Road and Island Way. The following is the project schedule: December 1, 2009 December 22, 2009 (tentative) January 25, 2010 May 28, 2010 Open bids City Council to award construction contract Construction begins Construction completed Portions of the project lie within the respective coastal authorities of the City of Carlsbad and the California Coastal Commission. The majority of the project, including the replacement of the existing bridge structure and accompanying roadway, signage, and drainage improvements, are located within the City's Local Coastal Plan authority. The Carlsbad Planning Commission unanimously approved the City's Coastal Development Permit Number 09-08 for this work at its August 19, 2009 meeting. On November 5, 2009, the California Coastal Commission unanimously approved issuance of Coastal Development Permit Number 6-09-051 with Addendum for portions of the City's bridge replacement project. The Commission's permit is limited to the reconfiguration and augmentation of the existing rock revetment along the shoreline and the replacement of the bridge structure's wing walls which lie within the Commission's jurisdiction. The California Coastal Commission's permit, with a Commission approved Addendum, includes seven Special Conditions. The Addendum and the first six Special Conditions are viewed as ministerial in nature. The seventh Special Condition requires the City to assume the risk, waive liability, and indemnify the Commission, its officers, agents, and employees from any claim of damage or liability associated with site hazards resulting from storm waves, flooding, and erosion. Staff recommends the City Council adopt the attached Resolution accepting the Commission's permit including the required assumption of liability by the City for this project. DEPARTMENT CONTACT: John Cahill, 760-602-2726; John.Cahill@carlsbadca.qov CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED D DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 ENVIRONMENTAL IMPACT: A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) were prepared for the Encinas Creek Bridge Project (CDP 09-08/SUP 09-03/HMP 09-06). The Notice of Intent to adopt a MND was published in the newspaper, June 26, 2009, and sent to the State Clearinghouse for a 30-day public review (June 26, 2009 - July 27, 2009). No further environmental review is required. The MND was approved by the Planning Commission on August 19, 2009 in compliance with the California Environmental Quality Act (CEQA) Guidelines, Section 15074. FISCAL IMPACT: The City Council has appropriated a total of $2,636,215 consisting of South Coastal RDA funds and Planned Local Drainage Area (PLDA) funds for this project. A summary of the available funding for construction is as follows: ENCINAS CREEK BRIDGE - PROJECT NO. 3919 TASK DESCRIPTION Design Construction, Inspection, Materials Testing Studies and Reports TOTAL APPROPRIATED TO DATE $455,401 $2,073,864 $106,950 $2,636,215 EXPENDITURES/ ENCUMBRANCES TO DATE $455,401 $0 $106,950 $562,351 REMAINING BALANCES $ 0 $2,073,864 $ 0 $2,073,864 EXHIBITS: 1. Location map. 2. Resolution No. 2009-294 accepting the California Coastal Commission's Coastal Development Permit Number 6-09-051 with Addendum including a waiver of liability. 3. California Coastal Commission Staff Report and Preliminary Recommendation for Coastal Development Permit Application Number 6-09-051, public hearing date November 5, 2009. 4. California Coastal Commission Addendum dated November 2, 2009 for Coastal Development Permit Application Number 6-09-051. LOCATON SITE S/7E PROJECT NAME PROJECT NUMBERENCINAS CREEK BRIDGE DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 4/17/08 C: \CAPITAl\3919.DWG 1 2 3 4 21 22 24 25 26 27 28 RESOLUTION NO. 2009-294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING THE COASTAL DEVELOPMENT PERMIT WITH ADDENDUM ISSUED BY THE CALIFORNIA COASTAL COMMISSION FOR THE ENCINAS CREEK BRIDGE PROJECT NO. 3919. WHEREAS, the Carlsbad Planning Commission approved Carlsbad Coastal 6 Development Permit Number 09-08 on August 19, 2009 for the Encinas Creek Bridge Project, 7 hereafter the "Project;" and 8 WHEREAS, portions of the Project lie within the jurisdiction of the California Coastal 9 Commission, hereafter the "Commission," requiring a Coastal Development Permit from said 10 Commission; and 11 WHEREAS, said Commission approved Coastal Development Permit Number 6-09-05112 with Addendum, hereafter the "permit," on November 5, 2009; and I O WHEREAS, the aforementioned Commission permit contains seven Special Conditions;14 and15 WHEREAS, Special Condition Number 7 requires an agreement by the City to the16 provisions stated therein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,18 California, as follows:i y 1. That the above recitations are true and correct. 2. That the City Council of the City of Carlsbad, hereafter the "City," does hereby accept Coastal Development Permit Number 6-09-051 with Addendum issued by the California Coastal Commission on November 5, 2009. 3. That in accordance with Special Condition Number 7 - A of said permit, the City does hereby acknowledge and agree (i) the site may be subject to hazards from storm waves, flooding, and erosion; (ii) the City does hereby agree to assume the risks to the City and the property that is the subject of said permit from the Commission for injury and damage from such hazards in connection with this permitted development; (iii) the City does hereby unconditionally 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 waive any claim of damage or liability against the Commission, its officers, agents, and employees for injury or damage from such hazards; and (iv) the City does hereby indemnify and hold harmless the Commission, its officers, agents, and employees with respect to the Commission's approval of the project against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any injury or damage due to such hazards. 4. That in accordance with Special Condition 7 - B of said permit, prior to the conveyance of the property that is the subject of said permit, the City shall execute and record a deed restriction, in a form and content acceptable to the Commission's Executive Director: (i) indicating that, pursuant to said permit, the Commission has authorized development on the subject property, subject to terms and conditions that restrict the use and enjoyment of said property (hereafter referred to as the "Standard and Special Conditions" of said permit), and (ii) imposing all Standard and Special Conditions of said permit as covenants, conditions, and restrictions on the use and enjoyment of the property. The restriction shall include a legal description of the City's entire parcel or parcels for which said permit has been granted by the Commission. It shall also indicate that, in the event of an extinguishment or termination of the deed restriction for any reason, the Standard and Special Conditions of said permit shall continue 18 to restrict the use and enjoyment of the subject property so long as either said permit or the 19 development it authorizes, or any part, modification, or amendment thereof, shall remain in on existence on or with respect to the subject property. 21 /// 22 23 24 25 26 27 28 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the 2 City of Carlsbad on the day of 2009, by the 3 following vote, to wit: 4 AYES: 5 NOES: 6 ABSENT: 7 8 CLAUDE A. LEWIS, Mayor 9 10 ATTEST: 11 12 LORRAINE M. WOOD, City Clerk 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ;, -STATE OF CALIFORNIA — THE NATUPJM. RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION j SAN DIEGO AREA T575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CS. 92108-4421 (613) 767-2370. Th30c Filed: 49th Day: August 27, 2009 October 15, 2009 180th Day: February 23,2010 Staff: TR-SD Staff Report: October 14,2009 Hearing Date: November 4-6, 2009 REGULAR CALENDAR STAFF REPORT AND PRELIMINARY RECOMMENDATION Application No.: 6-09-051 Applicant: City of Carlsbad Agent: Michelle Ferguson Description: Reconfiguration and augmentation of an existing rock revetment and replacement of wing walls as a component of the larger project replacing Encinas Creek Bridge. Site:West side of southbound Carlsbad Boulevard at Encinas Creek, Carlsbad, San Diego County Substantive File Documents: Hydraulic Evaluation by Nolte Associates, Inc., dated February, 2009; City of Carlsbad's certified Local Coastal Program; City of Carlsbad CDP #08-09 Standard of Review: Chapter 3 Policies of the Coastal Act Summary of Staff s Preliminary Recommendation: Staff is recommending approval of the Coastal Development Permit with several special conditions. While the project as proposed by the City does not result in any immediate concerns regarding impacts to coastal resources, the project does not provide assurances that the rock revetment will not result in any future impacts to public access or marine resources. Staff is suggesting seven special conditions that serve to address these concerns. I. PRELIMINARY STAFF RECOMMENDATION: The staff recommends the Commission adopt the following resolution: MOTION: / move that the Commission approve Coastal Development Permit No. 6-09-051 pursuant to the staff recommendation. 7 6-09-051 Page 2 STAFF RECOMMENDATION OF APPROVAL: Staff recommends a YES vote. Passage of this motion will result in approval of the permit as conditioned and adoption of the following resolution and findings. The motion passes only by affirmative vote of a majority of the Commissioners present. RESOLUTION TO APPROVE THE PERMIT: The Commission hereby approves a coastal development permit for the proposed development and adopts the findings set forth below on grounds that the development as conditioned will be in conformity with the policies of Chapter 3 of the Coastal Act. Approval of the permit complies with the California Environmental Quality Act because either 1) feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the development on the environment, or 2) there are no further feasible mitigation measures or alternatives that would substantially lessen any significant adverse impacts of the development on the environment. II. Standard Conditions. See attached page. III. Special Conditions. The permit is subject to the following conditions: 1. Disposal of Export Material/Construction Debris. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall identify the location for the disposal of export material and construction debris. If the site is located within the coastal zone, a separate coastal development permit or permit amendment shall first be obtained from the California Coastal Commission or its successors in interest. 2. Long-Term Monitoring Program. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit for review and written approval of the Executive Director, a long-term monitoring plan for the existing shoreline protection. The purpose of the plan is to monitor and identify damage or changes to the revetment such that repair and maintenance is completed in a timely manner to avoid further encroachment of the revetment on the beach. The monitoring plan shall incorporate, but not be limited to the following: a. An evaluation of the current condition and performance of the revetment, addressing any migration or movement of rock which may have occurred on the site and any significant weathering or damage to the revetment that may adversely impact its future performance. 6-09-051 Page 3 b. Measurements taken from the benchmarks established in the survey as required in Special Condition #5 of CDP #6-09-051 to determine settling or seaward movement of the revetment. Changes in the beach profile fronting the site shall be noted and the potential impact of these changes on the effectiveness of the revetment evaluated. c. Recommendations on any necessary maintenance needs, changes or modifications to the revetment to assure its continued function and to assure no encroachment beyond the permitted toe. d. An agreement that the permittee shall apply for a coastal development permit within 90 days of submission of the report for any necessary maintenance, repair, changes or modifications to the project recommended by the report that require a coastal development permit and implement the repairs, changes, etc. approved in any such permit. The above-cited monitoring information shall be summarized in a report prepared by a licensed engineer familiar with shoreline processes and submitted to the Executive Director for review and written approval. The report shall be submitted to the Executive Director and the City of Carlsbad Engineering Department yearly after each winter storm season but prior to the 1st of May, starting with May 1, 2010. Monitoring shall continue throughout the life of the revetment or until the revetment is removed or replaced under a separate coastal development permit. The applicant shall undertake development in accordance with the approved monitoring program. Any proposed changes to the approved program shall be reported to the Executive Director. No changes to the program shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 3. Future Maintenance. The applicant shall maintain the existing revetment in its approved state. Any change in the design of the revetment or future additions/reinforcement of the revetment beyond exempt maintenance as defined in Section 13252 of Title 14 of the California Code of Regulations to restore the structure to its original condition will require a coastal development permit. However, in all cases, if after inspection, it is apparent that repair and maintenance is necessary, the applicant shall contact the Executive Director to determine whether a coastal development permit or an amendment to this permit is legally required, and, if required, shall subsequently apply for a coastal development permit or permit amendment for the required maintenance. 4. No Future Seaward Extension of Shoreline Protective Devices. By acceptance of this Permit, the applicant agrees, on behalf of itself and all successors and assigns, that no future repair or maintenance, enhancement, reinforcement, or any other activity affecting the existing shoreline protective device, shall be undertaken if such activity extends the footprint seaward of the existing device. By acceptance of this Permit, the applicant 6-09-051 Page 4 waives, on behalf of itself and all successors and assigns, any rights to such activity that may exist under Public Resources Code Section 30235. 5. As Built Plans. Within 60 days of completion of the project, the applicant shall submit as-built plans for the approved revetment and associated structures and submit certification by a registered civil engineer, acceptable to the Executive Director, verifying the revetment and associated structures have been constructed in conformance with the approved plans for the project (dra/ted by the City of Carlsbad and received on October 8, 2009). The plans shall identify permanent benchmarks from fixed reference point(s) from which the elevation and seaward limit of the revetment can be referenced for measurements in the future. 6. Project Modifications. Only that work specifically described in this permit is authorized. Any additional work requires separate authorization from the Commission or Executive Director, if appropriate. If, during construction, site conditions warrant changes to the project, the San Diego District office of the Coastal Commission shall be contacted immediately and before any changes are made to the project in the field. No changes to the project shall occur without an amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 7. Assumption of Risk, Waiver of Liability and Indemnity Agreement A. By acceptance of this permit, the applicant acknowledges and agrees (i) that the site may be subject to hazards from storm waves, flooding, and erosion; (ii) to assume the risks to the applicant and the property that is the subject of this permit of injury and damage from such hazards in connection with this permitted development; (iii) to unconditionally waive any claim of damage or liability against the Commission, its officers, agents, and employees for injury or damage from such hazards; and (iv) to indemnify and hold harmless the Commission, its officers, agents, and employees with respect to the Commission's approval of the project against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any injury or damage due to such hazards. B. PRIOR TO ANY CONVEYANCE OF THE PROPERTY THAT IS THE SUBJECT OF THIS COASTAL DEVELOPMENT PERMIT, the applicant shall execute and record a deed restriction, in a form and content acceptable to the Executive Director: (1) indicating that, pursuant to this permit, the California Coastal Commission has authorized development on the subject property, subject to terms and conditions that restrict the use and enjoyment of that property (hereinafter referred to as the "Standard and Special Conditions"); and (2) imposing all Standard and Special Conditions of this permit as covenants, conditions and restrictions on the use and enjoyment of the Property. The restriction shall include a legal description of the 6-09-051 Page 5 applicant's entire parcel or parcels. It shall also indicate that, in the event of an extinguishment or termination of the deed restriction for any reason, the Standard and Special Conditions of this permit shall continue to restrict the use and enjoyment of the subject property so long as either this permit or the development it authorizes - or any part, modification, or amendment thereof - remains in existence on or with respect to the subject property. C. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit a written agreement, in a form and content acceptable to the Executive Director, incorporating all of the above terms of this condition. IV. Findings and Declarations. The Commission finds and declares as follows: 1. Detailed Project Description/History. The project in its entirety is the replacement of a bridge over Encinas Creek. The bridge provides contiguous access for southbound Carlsbad Boulevard, a major coastal access route in the City of Carlsbad. The replacement of the bridge includes development in both the City of Carlsbad's and the Coastal Commission's jurisdictions. Through mutual cooperation, the City and Commission staff determined where the line between the two jurisdictions is located. Based on the information available at this time, it was determined that the bridge replacement is located within the City's LCP permit jurisdiction and the wing walls and rock revetment located west of the bridge are located within the Commission's area of original jurisdiction. The Commission retains jurisdiction for this portion of the project because portions of the revetment and wing walls are located west of the Mean High Tide Line (MHTL). As such, the Commission is reviewing the above stated portions of the project for consistency with Chapter 3 of the Coastal Act. However, because the bridge, wing walls, and revetment are innately connected, the project description includes all components of the project for clarity. The project was initiated when Caltrans identified the need to remove and replace the Encinas Creek Bridge due to severe deterioration. Exposed reinforcing bars have become heavily corroded. For several years now Caltrans has classified the bridge as structurally deficient and in need of replacement. Due to severe deterioration of the structure on the west side, traffic has been shifted to the east side of the bridge where the girders are in much better condition. Additionally, due to the extent of the degradation, replacement is necessary as soon as possible. The existing bridge, which according to the City was constructed in 1913, is a culvert- style concrete bridge approximately 69 feet wide. It would be replaced by a narrower bridge, made of a prefabricated concrete arch bridge structure approximately 45 feet in width, thereby reducing the overall width of the bridge by approximately 26 feet. This reduction in width is possible because the current bridge structure is oversized for the 6-09-051 Page 6 provision of only the southbound traffic lanes it accommodates. The new bridge will be approximately 2 feet taller than the existing bridge, in order to accommodate 100-year storm flows. The new bridge will have pedestrian sidewalks with railings. The City is proposing the use of colored concrete for the bridge structure, consistent with the Carlsbad Seawall located along the coast of Carlsbad. The construction is expected to take up to 4 months. As proposed, no work will occur between Memorial Day weekend and Labor Day weekend. The existing bridge and roadway are currently protected by a pre-Coastal Act riprap revetment. Currently the revetment is in need of maintenance and augmentation. Southbound Carlsbad Boulevard will be closed to through traffic during replacement of the bridge, wing walls, and revetment. A Detour Plan will be implemented and will reroute all southbound traffic of Carlsbad Boulevard at Palomar Airport Road to Avenida Encinas, Poinsettia Lane, and then back to Carlsbad Boulevard. South of Palomar Airport Road, access will be limited to local residential access of Solamar Drive. There will be a temporary loss of 34 public parking spaces as a result of the road closure. The City of Carlsbad will mitigate for this loss by installing temporary recreational parking signs at a dirt lot at the intersection of Carlsbad Boulevard and Palomar Airport Road. This lot currently operates as an undesignated parking area for recreational beach users and can accommodate the additional temporary parking, given that the construction will be completed during the off-peak season. The City approved the portion of the project within its permit jurisdiction on August 19, 2009. The portion in the City's jurisdiction was appealable to the Coastal Commission; however, no appeals were filed. 2. Project Description for Portion in the Coastal Commission's Jurisdiction The portion of the project to be approved through this Coastal Development Permit application includes only the wing walls of the bridge and the rock revetment located west of Carlsbad Boulevard, both north and south of the bridge. As proposed, the riprap requires reconfiguration to adequately protect Carlsbad Boulevard and the bridge from wave action. The existing riprap would be reconfigured and supplemented with an additional approximately 650 cubic yards of 4-ton rock, 650 cubic yards of 2-ton rock, and 700 cubic yards of one-quarter-ton rock. The riprap will be added for approximately 118 feet to the north of the bridge and approximately 149 feet south of the bridge in order to provide protection for the currently eroding roadway embankment. As required the by certification of the Environmental Impact Report (EIR), and thus, as proposed by the City, the new riprap will not extend beyond the limits of the existing riprap and is proposed at 1.5:1 slope to further limit encroachment onto the beach. Further, the City is proposing the wing walls to be placed parallel to the roadway, further decreasing potential impacts to public access. 6-09-051 Page? During construction, sheet piling will be used on both sides of the bridge in order to control wave action and specify construction zones. In addition, safety fencing will be used to help protect the public while the bridge is being constructed. Temporary fencings will also be placed to delineate construction limits, and no equipment will be stored on the beach overnight. 3. Shoreline Protective Devices. The City is proposing to augment an existing pre- Coastal rock revetment. The Coastal Act has two applicable policies addressing this issue which state, in part: Section 30253 New development shall: (1) Minimize risks to life and property in areas of high geologic, flood, and fire hazard. (2) Assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs. Section 30235 Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger of erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. Existing marine structures causing water stagnation contributing to pollution problems or fish kills should be phased out or upgraded where feasible. The City of Carlsbad also has policies within its certified LCP pertaining to shoreline protective devices, which are detailed below (used as guidance only): Section 21.204.110 4b of the Coastal Shoreline Development Overlay zone states: Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger from erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply Provisions for the maintenance of any permitted seawall shall be included as a condition of project approval Seawalls shall be constructed essentially parallel to the base of the bluff and shall not obstruct or interfere with the passage of people along the beach at any time. /3 6-09-051 PageS In addition, The Mello IILUP contains policies that address coastal erosion. Policy 4-1 provides: (a) Development along the Shoreline For all new development along the shoreline, including additions to existing development, a site specific geologic investigation and analysis similar to that required by the Coastal Commission's Geologic Stability and Bluff Top Guidelines shall be required; for permitted development, this report must demonstrate bluff stability for 75 years, or the expected lifetime of the structure, whichever is greater. Additionally, permitted development shall incorporate, where feasible, subdrainage systems to remove groundwater from the bluffs, and shall use drought-resistant vegetation in landscaping, as well as adhering to the standards of erosion control contained in the Carlsbad Master Drainage Plan. A waiver of public liability shall be required for any permitted development for which an assurance of structural stability cannot be provided. Again, to clarify, the project in its entirety consists of the replacement of an existing and deteriorated bridge providing southbound access for Carlsbad Boulevard crossing Encinas Creek and includes the replacement of the existing wing walls and revetment, both of which serve to protect the bridge and Carlsbad Boulevard. The proposed wing walls and revetment are located below the Mean High Tide Line and are thus within the Commission's retained jurisdiction. The remainder of the project, the bridge replacement itself, is within the City of Carlsbad's permit jurisdiction (and has been approved pursuant to Carlsbad CDP #09-08) and thus is only included in this review as background information. The portion within the Commission's jurisdiction includes the reconfiguration of an existing pre-Coastal rock revetment. The revetment is necessary to protect Carlsbad Boulevard from erosion and overtopping by waves during storm events. The proposed reconfiguration includes augmenting the existing rock as well as supplementing approximately 650 cubic yards of 4-ton rock, 650 cubic yards of 2-ton rock, and 700 cubic yards of one-quarter-ton rock. The riprap will be added for approximately 118 feet to the north of the bridge and approximately 149 feet south of the bridge in order to stabilize the currently eroding roadway embankment. As required by the certified Environmental Impact Report (EIR), and thus, as proposed by the City, the new riprap will not extend beyond the limits of the existing riprap. The current revetment includes rocks that have become dislodged from the revetment, and are now located on the remaining sandy beach and are thus encroaching upon the public beach. The revetment also includes various types of debris deposited over time to supplement the revetment. Most of this debris is made up of materials such as concrete and rebar, neither of which are considered to be desirable materials for a rock revetment. As such, the City is proposing to remove the rocks that have fallen and are taking up useable beach area and to remove all foreign debris from the existing revetment. 6-09-051 Page 9 The Commission's engineering staff have reviewed the proposed project and concur that the revetment is necessary, is the minimum required, and has been designed appropriately to address both scour depth and sea level rise and thus, as proposed, will adequately protect Carlsbad Boulevard. However, the City failed to address impacts associated with any future maintenance, improvements, or seaward expansion of the revetment. The reconfiguration of the revetment with serve to prolong the life of the revetment and as such all potential future impacts shall be included in the Commission's review. Future impacts may include the dislodging and/or scattering of revetment rock onto the public beach, resulting in potential impacts to public safety and public access. As such, Special Condition #5 requires the City to submit as built plans within 60 days of construction completion to identify the location of the benchmarks from fixed reference point(s) from which the elevation and seaward limit of the revetment can be calculated. Special Condition #2 requires the City to submit annual monitoring reports to the Commission to determine settling or seaward movement of the revetment to ensure the revetment continues to be configured to minimize impacts to public access. Special Condition #3 requires the applicant to contact the Executive Director if repair or maintenance is necessary to determine whether a coastal development permit is required, and Special Condition #4 requires the applicant to waive any rights to future seaward extension of the revetment. Lastly, due to the inherent risk of shoreline development, Special Condition #7 requires the City waive liability and indemnify the Commission against damages that might result from the proposed shoreline devices or their construction. This special condition further requires the City to execute and record a deed restriction on the revetment prior to any conveyance of the property. The risks-of the proposed development include that the proposed shoreline devices will not protect against damage to the street from waves, storm waves, flooding, and erosion. Although the Commission has sought to minimize these risks, the risks cannot be eliminated entirely. Given that the applicants have chosen to construct the proposed development despite these risks, the applicant and any future property owner must assume the risks. All of these special conditions will ensure that the revetment remains in a configuration that can be considered the least impactive to coastal resources, consistent with the above cited Chapter 3 policies of the Coastal Act. 4. Public Access. As stated above, the proposed project may result in impacts to public access. As such, the following Coastal Act policies are applicable and state, in part: Section 30210 hi carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse. 6-09-051 Page 10 Section 30211 Development shall not interfere with the public's right of access to the sea where acquired through use or legislative authorization, including, but not limited to, the use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation. Section 30212 (a) Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where: (1) it is inconsistent with public safety, military security needs, or the protection of fragile coastal resources, (2) adequate access exists nearby, or, Section 30212.5 Wherever appropriate and feasible, public facilities, including parking areas or facilities, shall be distributed throughout an area so as to mitigate against the impacts, social and otherwise, of overcrowding or overuse by the public of any single area. Section 30214 (a) The public access policies of this article shall be implemented in a manner that takes into account the need to regulate the time, place, and manner of public access depending on the facts and circumstances in each case including, but not limited to, the following: (1) Topographic and geologic site character ristics. (2) The capacity of the site to sustain use and at what level of intensity. (3) The appropriateness of limiting public access to the right to pass and repass depending on such factors as the fragility of the natural resources in the area and the proximity of the access area to adjacent residential uses. (4) The need to provide for the management of access areas so as to protect the privacy of adjacent property owners and to protect the aesthetic values of the area by providing for the collection of litter. 6-09-051 Page 11 Section 30252 The location and amount of new development should maintain and enhance public access to the coast by (1) facilitating the provision or extension of transit- service, (2) providing commercial facilities within or adjoining residential development or in other areas that will minimize the use of coastal access roads, (3) providing nonautomobile circulation within the development, (4) providing adequate parking facilities or providing substitute means of serving the development with public transportation,.... The replacement of Encinas Creek Bridge is intended to provide safe transportation along Carlsbad Boulevard over Encinas Creek. The current bridge is almost 100 years old and is classified by Caltrans as structurally deficient. Due to the severe deterioration of the structure, traffic was previously shifted to the east side of the bridge where the girders are in better condition. Therefore, the replacement of the bridge is necessary to protect public safety, and thus completion of the project in its entirety will result in an improvement to public access. Further, the completed bridge will include bike lanes to facilitate beach access to bicycle-riders. Also, the new bridge will be designed to accommodate 100-year flood flows, and decrease the number of closures of Carlsbad Boulevard do to wave and stormwater overtopping the roadway. All of these can be considered improvements to public access and therefore consistent with the Coastal Act. However, some potential for impacts to public access are also associated with the proposed development. Again, the portion of the project specifically within the Commission's jurisdiction includes the construction of the wing walls, and the reconfiguration of the existing revetment. The wing walls border and provide support for a bridge that spans the outlet for Encinas Creek. The revetment is located between Carlsbad Boulevard and California State Beach lands, for a distance of approximately 270 feet. Carlsbad State Beach Campground is located directly to the north of the site, and a public beach parking lot housing 34 parking spaces is located directly to the south. As such, this project location and its surrounding areas can be considered to provide high-priority public access to the coast. The project, as proposed, will require the closure of the existing beach parking lot for the entire four month construction period and includes improvements to a revetment currently occupying the sandy beach. Both of these may result in potentially significant impacts to public access. However, the City has included a number of measures to address these potential impacts. For example, the City proposes to limit all of the work to a four month window between late January 2010 and Memorial Day. All work has been prohibited between Memorial and Labor Day, or what is considered to be the peak beach season. Further, while the City did not propose additional parking to mitigate for the loss of 34 parking spaces, it did include additional signage directing the public to a dirt lot located nearby. Further, Special Condition #6 requires that the construction be carried out as described, thus if the City wants to lift the peak-season ban, or remove the signage n 6-09-051 Page 12 for the nearby unimproved parking lot, such modifications would require further review by the Commission. It is important to note that the closure of the parking lot is necessary for public safety and thus is considered an unavoidable, yet temporary impact. Thus, the combination of limiting all work to the non-peak summer months of the year and the increased signage at an existing public lot, provide adequate mitigation for the public access impacts that will be caused by this project, and it can therefore be found consistent with the applicable policies of the Coastal Act. The existing revetment was originally constructed prior to the Coastal Act, and is necessary to protect Carlsbad Boulevard. However, the revetment is located on sandy beach, and the renovation of the revetment will extend the lifespan of the revetment, thus potential impacts to public access need to be reviewed. As proposed by the City, the revetment will maintain the existing footprint, and will not encroach any further west. As such, the proposed revetment will not result in any additional impacts to public access. Furthermore, the City has indicated that currently a number of revetment rocks have been dislodged and are now encroaching on the sandy beach beyond the proposed revetment limits. To address this concern, the City proposes to remove/reuse any of the rock located west of the revetment. In addition, the City has designed the revetment with a 1.5:1 slope to further limit beach encroachment. However, the City failed to address impacts associated with any future maintenance, improvements, or seaward expansion of the revetment. As previously stated, future impacts may include the dislodging and/or scattering of revetment rock onto the public beach, and, as such, Special Condition #5 requires the City to submit as built plans within 60 days of construction completion to document that the revetment has been constructed consistent with approved plans and to identify the location of the benchmarks from fixed reference point(s) from which the elevation and seaward limit of the revetment can be documented. Special Condition #2 requires the City to submit annual monitoring reports to the Commission to determine settling or seaward movement of the revetment to ensure the revetment continues to be configured to minimize impacts to public access. Special Condition # 3 requires the applicant to contact the Executive Director if repair or maintenance is necessary to determine whether a coastal development permit is required, and Special Condition #4 requires the applicant to waive any rights to future seaward extension of the revetment. All of these special conditions will ensure that the revetment remains in a configuration that can be considered the least impactive to public access, consistent with the above-cited Chapter 3 policies of the Coastal Act. 5. Water Quality and Marine Resources. The Coastal Act has several policies protection the quality of coastal waters and marine resource and state: Section 30230 Marine resources shall be maintained, enhanced, and where feasible, restored. Special protection shall be given to areas and species of special biological or economic significance. Uses of the marine environment shall be carried out in a 6-09-051 Page 13 manner that will sustain the biological productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long- term commercial, recreational, scientific, and educational purposes. Section 30231 The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained, and where feasible, restored, through, among other means, minimizing adverse effects of waste water discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with surface water flow, encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams. Section 30232 Protection against the spillage of crude oil, gas, petroleum products, or hazardous substances shall be provided in relation to any development or transportation of such materials. Effective containment and clean up facilities and procedures shall be provided for accidental spills that do occur. The City of Carlsbad also has policies pertaining to water quality and marine resources that can be used as guidance and state: Mello II Policy 3-1 .2 Environmentally Sensitive Habitat Areas (ESHA) Pursuant to Section 30240 of the Coastal Act, environmentally sensitive habitat areas, as defined in Section 30107.5 of the Coastal Act, shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas. Mello II Policy 3-4 Grading and Landscaping Requirements f) Development projects should be designed to comply with the following site design principles: 1 . Protect slopes and channels to decrease potential for slopes and/or channels from eroding and impacting storm water runoff. 3. Preserve, and where possible, create or restore areas that provide important water quality benefits, such as riparian corridors, wetlands and buffer zones. Land acquisition of such areas shall be encourages. 6-09-051 Page 14 4. Provide development free buffer zones for natural water bodies. 5. Minimize the amount of impervious surfaces and directly connected impervious surfaces in areas of new development and redevelopment. 9. Limit disturbances of natural water bodies and natural drainage systems caused by development including roads, highways, and bridges. 10. Design streets and circulation systems to reduce pollutants associated with vehicles and traffic resulting from development. The portion of the project within the Commission's jurisdiction includes only the wing walls for the bridge and the rock revetment located west of Carlsbad Boulevard and immediately north and south of Encinas Creek. The proposed project is directly adjacent to the Pacific Ocean and spans Encinas Creek. Potential impacts to marine resources exist due to the use of concrete, the removal of debris from the existing revetment, and excavating into ground water that is below the Mean High Tide Line. It is anticipated that groundwater will be encountered at a depth of nine feet below the existing ground surface. Ground water is expected to be encountered during excavation, especially during high tides or after periods of precipitation. It is likely that groundwater dewatering practices will be required during construction. The following series of Best Management Practices (BMPs) are proposed to address these concerns: . Spoils, trash, or any debris remaining at the site after completion shall be removed and disposed of at an approved disposal facility . No equipment refueling shall be located at the construction site outside of the designated areas. Fueling of construction equipment shall take place on existing paved roads and not within or adjacent to any drainages, wetlands, or native habitats. . "Fueling Zones" shall be designated on construction maps and qualified biologists shall flag the limits of "fueling zones." These fueling zones shall be located at least 50 feet from all drainage features and wetlands • All stockpiled soil should be stored in 55-gallon drums within the roadway (non- wetland areas). • Stockpiles shall not remain on-site for more than one week The City is also requiring a complete Storm Water Pollution Prevention Plan (SWPPP) for additional site specific concerns. Again, Special Condition #6 requires that the work either be carried-out precisely as proposed, or requires the City to come forward with the proposed changes for review and approval by the Commission or Executive Director, if appropriate. As such, the City is required to carry out all mitigation measures in the approved manner, thereby eliminating any significant water quality and marine resource impacts associated with the construction phase of the project. 6-09-051 Page 15 A further concern regarding potential impacts to water quality and marine resources is associated with the removal of debris that has been previously deposited on top of the existing revetment. Large pieces of concrete and other materials have been added to the revetment overtime, The removal of this debris has been included in the project description. As such, assurances need to be made that the removed debris will be disposed of properly. Special Condition #1 requires the City to identify the disposal site for all debris to be removed and if located within the Coastal Zone, evidence of a valid coastal development permit for the disposal is required. During construction, Enemas Creek will be temporarily dammed via sheet pilings to divert water around the bridge and then pumped onto the beach. As such, there is a potential for impacts to water quality and marine resources is the temporary dam fails while there are potential pollutants in the construction area. The City has included that the dam and pump system be monitored during any and all storm events to ensure that water damming does not reach volumes that could cause the sheet piling to fail. Again, Special Condition #6 requires the applicant to contact the Coastal Commission should any project modifications become necessary. As such, the project as conditioned can be found consistent with the applicable policies of the Coastal Act. Lastly, the design of the bridge, while not a component of this permit review, will result in potential benefits to water quality and marine resources. The current bridge is wider than necessary, and the replacement bridge will be approximately 26 feet less in width, the result being some land returned back to an undeveloped state and revegetated with native plants. Further, the replacement bridge will be two feet taller in elevation to accommodate 100-year flood flows. Currently the bridge does not sit high enough above the channel to accommodate such flows, which, in combination with the vegetation naturally existing within the creek, leads to storm-water flows being impeded during storm events, thereby causing stagnant water to swell east of the bridge. Stagnant water can lead to significant impacts to water quality and marine resources, such as algal blooms and fish kills. By designing the replacement bridge to accommodate such flows, the proposed project will result in improvements to water quality and marine resources during storm events and is consistent with the Coastal Act. 6. Local Coastal Planning. The portion of the Encinas Creek Bridge replacement project addressed by this permit review is located in an area of the Coastal Commission's retained permit jurisdiction, and, as such the Chapter 3 policies of the Coastal Act are the standard of review. However, all applicable policies contained within the Mello II Segment of the City's Local Coastal Program have been included as guidance through this permit review process. Therefore, the Commission finds that approval of the proposed development, as conditioned, will not prejudice the ability of the City to continue implementation of its certified LCP. 7. Consistency with the California Environmental Quality Act (CEQA). Section 13096 of the Commission's Code of Regulations requires Commission approval of Coastal Development Permits to be supported by a finding showing the permit, as conditioned, to be consistent with any applicable requirements of the California 6-09-051 Page 16 Environmental Quality Act (CEQA). Section 21080.5(d)(2)(A) of CEQA prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse effect which the activity may have on the environment. The proposed project has been conditioned in order to be found consistent with the Chapter 3 policies of the Coastal Act. Mitigation measures, including conditions addressing the future maintenance and/or reconfiguration of the revetment will minimize all adverse impacts. As conditioned, there are no feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. Therefore, the Commission finds that the proposed project is the least environmentally-damaging feasible alternative and is consistent with the requirements of the Coastal Act to conform to CEQA. STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. (G:\San Diego\Reports\2009\6-09-051 Encinas Creetdoc) ORANGE COUNTY / RIVERSIDE COUNTY / Ramoow SAN DIEGO COUN / Solana Beach ^ Lite — • /Lakeside ^mnos^'' // r\ "\^LaJolla/"' (L'52'rtW^ Santee fl2Si ![ ,-, ^ .sc_J E! Cajon _ #![ La Mesa San Diego \ ' I x\ National City Imperial Beach EXHIBIT NO. 1 APPLICATION NO. 6-09-051 Vicinity Map ^^.. ' ^"'-n o-"'"' —•;-• ,-"-''"' ~ iYr.iler \j, '. • *r^"~ " " ~"»at*.. -X. . ;_;.•-•••••. •- 0 :000 -)oo •• "ion F-^I :.-ae. ::i;o;i: •!::• - :.-;00 :••;! •;:~c:n:is ;.".'cc:; ir'.i^c :L:;~iacj:T;c;H •••.•-. v \v \ EXHIBIT NO. 2 APPLICATION NO. 6-09-051 Site Map ^ r,/Y ~77.?,'xvr , //////I// ft IM 01^-\V/ _T""J .^L \ O H m XLLI < CDO O ID _ro Ou -*—'oCD'e Q. \ V •••.f. I < i, ) '. / A ' ,*: i \<f tn kv Vr'\_]0 :(>vi-:?-"< i^^5{rsV'Rl^ WAIER PULLUIION CONIRLH, PLAN to '.;;0;;'i/;WtK^rrC^W' ffi' """"y^ ""J"''•^^i/A?'1^^^!^/^^ ~ ""'/ • I I• I .1 ...,- . - >..-1.-..•' .'--'.- GRADING PI.AN (A,-- f Lfl.fi >'• I, F-I.EVAlliH-| (LOOKING EAST) •M- a- n.; No\ D9 14:24 From-619 767 2384 619 767 2384 T-066 P.002/004 F-953 STATE Of CALIFORNIA-THE NATURAU RESOURCES AGENCY ARNOLD aCHWAFEENEaaER, Governor CALIFORNIA COASTAL COMMISSION SAN OlEGO AREA 7575 METROPOLITAN DWVE, SUITE 103 SAN DISCO. CA 92108-440Z (519) 787-2370 Th30c Addendum November 24 2009 To: Commissioners and Interested Persons From: California Coastal Commission San Diego Staff Subject: Addendum to Th 30c, Coastal Commission Permit Application #6-09-051 (Carlsbad Bridge Replacement), for the Commission Meeting of November 5,2009. Since the time the original staff report was completed, Coastal Commission technical staff expressed some concerns regarding the size of rock used in the proposed revetment reconfiguration. The City has since modified their proposal to address these concerns. As such, the following modifications to the staff report serve to reflect these changes. Therefore, staff recommends the following changes be made to the above-referenced start report: 1. Add the attached schematic to the staff report as Exhibit #5 2. Modify Page 4, Special Condition #5, of the staff report as follows: 5. As Built Plans. Within 60 days of completion of the project, the applicant shall submit as-built plans for the approved revetment and associated structures and submit certification by a registered civil engineer, acceptable to the Executive Director, verifying the revetment and associated structures have been constructed in conformance with the approved plans for the project (drafted by the City of Carlsbad and received on October 8, 2009). The plans shall also verify that the toe of the revetment does not extend seaward "of the +3' CMSL^ elevation and that the upper layer of the revetment includes a mix of two ton (45%-50%'i and four ton C50%-55%) rocks pursuant to Exhibit #5 of this staff report. The plans shall also, identify permanent benchmarks from fixed reference point(s) from which the elevation and seaward limit of the revetment can be referenced for measurements in the future. 3. Modify the first paragraph of Page 9 as follows: The Commission's engineering staff have reviewed the proposed project and concur that the revetment is necessary, ia the minimum required, and. However the proposed design did raise some concerns. As proposed, the use of four ton rock would be limited to only • -09 ,4:24 Fr0m-619 767 2384 619 767 2384 Addendum to 6-09-051 Page 2 the bottom half of the revetment; the identified concern being that the exclusive use of smaller two ton rock at the top of the revetment would have a higher probability of being dislodged from the revetment by wave action, thus resulting in potential impacts to public access, public safety, and geologic stability of the revetment, the bluff and Carlsbad Boulevard. As such, the City submitted a revised schematic (ref JExhibit #5) that includes the use of two and four ton rock equally throughout the top portion of the revetment: Commission staff lias reviewed the modi fled plans and concurs that the revetment^as modified, has been designed appropriately to address both scour depth and sea level rise and thus, as proposed, will adequately protect Carlsbad Boulevard. Special Condition #5 requires the Citv to submit as built plans within 60 days of project completion confirming that the project has been constructed per the plans submitted by the City including the seaward boundary of the revetment at +3' (MSL) elevation and the modification to combine both two and four ton rock on the top portion of the revetment. ino>l 12345 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 29 30 31 32 33 ^ oz: K CQ x O s cto -*-*0) a C.-.- 7-v .;/'^7^a-^^^^^i throughout this upp^f rock to be 4-Tpn tpcfc^nd baCattTans Placement P^P^^Xi:^V; GCT •> j ? QT Co n su (^ nl s «11 c.WEST Consultants Inc. SAN DIEGO COAST Ufc.«J'-T CITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 20,048 12/01/09 HR SETTLEMENT OF WORKERS' COMPENSATION CLAIM OF ALEX MITKEVICH DEPT. HEAD CITY ATTY. ^ CITYMGR., RECOMMENDED ACTION: Adopt Resolution No. 2009-295 authorizing the settlement claim of Alex Mitkevich ITEM EXPLANATION: The claimant worked for the Carlsbad Police Department for 25 years as a Police Officer before retiring in December of 2008. Mr. Mitkevich sustained an injury to his low back while performing his usual and customary job duties. The terms and conditions of the proposed settlement are set forth in the Stipulations with Request for Award, (on file in the Human Resources Department). The terms and conditions were agreed upon by the claimant and the City, and have been approved by TRISTAR, the City's Third Party Administrator, and the Workers' Compensation Appeals Board. FISCAL IMPACT: The cost of the settlement is $56,292.21. There are sufficient funds available in the Workers' Compensation Self-Insurance Fund to cover the cost of this settlement. ENVIRONMENTAL IMPACT: This amendment is statutorily exempt from CEQA pursuant to Public Resources Code Section 21080(b)(1). EXHIBITS: 1. Resolution No. 2009-295 DEPARTMENT CONTACT: Deborah Jackson, (760) 602-2435, Debbie.Jackson@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED D DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D 1 RESOLUTION NO. 2009-295 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, 4 WHEREAS, TRISTAR, the City's Third Party Administrator, has recommended a 5 settlement of the Workers' Compensation claim of Alex Mitkevich; and 6 WHEREAS, the settlement has been approved by the Workers' Compensation 7 Appeals Board on October 23, 2009; and8 WHEREAS, there are sufficient funds available in the Workers' Compensation Self-Insurance Fund to pay the settlement. 11 12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 13 Carlsbad, California, as follows: 14 1. That the above recitations are true and correct. 15 2. That the expenditure of $56,292.21 from the Workers' Compensation Self- 16 Insurance Fund is authorized for the settlement of said claim.17 3. That the City Council approves the Stipulations with Request for Award on file 19 in the Human Resources Department. 20 21 // 22 // 23 // 24 25 26 27 " 28 " 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council 2 of the City of Carlsbad on the day of 3 2009, by the following vote to wit: 4 5 AYES: 6 NOES: 7 ABSENT: 8 9 10 11 CLAUDE A LEWIS, Mayor 12 ATTEST: 13 14 LORRAINE M. WOOD, City Clerk 16 (SEAL) 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 20,055 12/1/09 HR AUTHORIZATION TO MODIFY REQUIREMENTS FOR SEPARATION INCENTIVE PLAN (SIP) AGREEMENTS THROUGH THE PUBLIC AGENCY RETIREMENT SYSTEM (PARS) DEPT. HEAD ^KU CITY ATTY. <&* CITY MGR. hj^ RECOMMENDED ACTION: Adopt Resolution No. 2009-300 modifying the participation requirements for employees participating in the Separation Incentive Plan (SIP) through the Public Agency Retirement System (PARS). ITEM EXPLANATION: In April 2002 the City of Carlsbad established a Separation Incentive Plan (SIP) through the Public Agency Retirement System (PARS). This plan is intended for use in situations where strategic staffing decisions have to be made, such as when a proposed reorganization of a City department requires the elimination of a current job classification or when the assigned duties of a particular position have changed so dramatically that an employee no longer possesses the necessary skills to perform the job. In such instances, it has proven beneficial to the City to have the flexibility to offer supplemental retirement options to employees who have made positive, historic contributions to the organization. The SIP allows for a positive means of ending the employment relationship, resulting in a "win-win" for both parties. In an effort to reduce expenses and to reduce the number of full-time staff, the City has used PARS SIP agreements on several occasions to eliminate positions, consolidate jobs and to downsize the workforce. These early retirement options have been offered to employees who meet certain requirements, and one such requirement is that the employee must have a minimum of ten years of service with the City of Carlsbad. Staff recommends a slight modification to this requirement to allow additional flexibility under the plan. It is suggested that the City Manager (serving as the Plan Administrator) be given the authority to offer a PARS SIP to employees who have less than ten years of service with the City. This will allow the City Manager to use his/her discretion to offer a separation incentive to an employee if it makes good business sense to do so. Background The City of Carlsbad established a Separation Incentive Plan (SIP) through the Public Agency Retirement System (PARS) on April 1, 2002. When it was first established it was specifically directed at management employees; the program was then expanded in June 2005 to include non-management employees. Participation in the PARS SIP is currently subject to the following recommended parameters: DEPARTMENT CONTACT: Julie Clark 760-602-2438 Julie.Clark@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D Dn D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D • that the employee be eligible to participate in the PARS SIP as indicated in the PARS Trust Agreement with the City of Carlsbad, • that due to the strategic objectives and operational needs of the City, the employee's position will be eliminated or restructured to the degree that the employee does not possess the necessary skills for the position, • that the employee has worked for the City a minimum of ten (10) years and is eligible for retirement under the CalPERS retirement plan, • that the full cost of the SIP be covered by the participating department's approved personnel budget, • that the action results in cost savings and/or increased efficiencies for the department, • that the City Attorney, the Finance Director, and the Human Resources Director have analyzed the respective legal, financial, and staffing implications and each recommends the action, and • that the City Manager (and when applicable, the City Attorney), after considering the recommendations, approves the action. During these difficult economic times, the City is continuing to look for ways to reduce the size of the workforce and to restructure departmental operations where appropriate. To that end, it would provide additional flexibility to the City Manager to offer PARS SIP agreements to employees with less than ten years of service, if it can be shown that offering such an agreement to a particular employee makes financial sense for the City. One such example of this may be a situation in which an employee has previous work experience with another agency that participates in the CalPERS retirement system. Such an employee meets the minimum number of years to retire from CalPERS (currently five years) but would not be eligible under the PARS SIP due to the current requirement of ten years of service with the City of Carlsbad. In order to address situations of this nature, staff is recommending that the third bullet point above be modified slightly to read as follows: • that the employee is eligible for retirement under the CalPERS retirement plan, • that the employee has worked for the City a minimum of ten (10) years, unless economic conditions warrant a lesser number of years of service This program allows the City to offer packages to individual employees or any class or group of employees that the City feels would benefit from such a program. Eligibility for the program is determined by the City and may vary in individual circumstances. The PARS SIP is not a guaranteed privilege for any employee and is available only at the discretion of the City. FISCAL IMPACT: There is no fiscal impact associated with this administrative change. ENVIRONMENTAL IMPACT: This amendment is statutorily exempt from CEQA pursuant to Public Resources Code Section 21080(b)(1). EXHIBITS: 1. Resolution No. 2009-300 EXHIBIT 1 1 RESOLUTION NO. 2QQ9-3QQ 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA MODIFYING REQUIREMENTS 3 FOR SEPARATION INCENTIVE PLAN (SIP) AGREEMENTS 4 THROUGH THE PUBLIC AGENCY RETIREMENT SYSTEM (PARS). 5 WHEREAS, to fulfill its mission of providing top quality services, the City of 6 Carlsbad continually strives through its strategic goals to improve the efficiency and 7 effectiveness of its operations; and 9 WHEREAS, these efforts occasionally require the City to eliminate positions or to 10 restructure positions such that the incumbents no longer possess the necessary skills for 11 the positions; and 12 WHEREAS, the City is currently a member of the Public Agency Retirement 13 Systems (PARS); and 14 WHEREAS, PARS offers its member agencies a variety of products and services, 15 including retirement incentive programs, such as a Separation Incentive Plan (SIP); and 16 WHEREAS, a PARS SIP is a qualifying governmental plan under relevant sections 17 of the Internal Revenue Code (§§ 401 (a) and 501 (a)) and the California Government18 Code (§§ 53215 et seq.); and 20 WHEREAS, a PARS SIP provides the City with the flexibility, in appropriate cases 21 of offering incentives in lieu of discharging employees whose positions are being 22 eliminated or significantly restructured due to the implementation of the City's strategic 23 goals and objectives; and 24 WHEREAS, a PARS SIP is administered by Phase II Systems, the PARS Trust 25 Administrator, and 26 27 28 1 WHEREAS, it is in the best interest of the City to modify the recommended eligibility 2 requirements to include employees who have worked for the City of Carlsbad for less than 3 ten years, provided that economic conditions warrant a lesser number of years of service. 4 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Carlsbad 5 as follows: 6 1. That the participation by an employee in the SIP be subject to the following 7 parameters: 9 a. The employee is eligible to participate in the PARS SIP agreement as stated 10 in the PARS SIP Trust Plan document; 11 b. Due to the strategic objectives and operational needs of the City, the 12 employee's position is being eliminated or restructured such that the employee no longer 13 possesses the necessary skills for the position; 14 c. The employee is eligible for retirement under the CalPERS retirement plan; d. The employee has worked for the City a minimum of ten (10) years, 16 unless economic conditions warrant a lesser number of years of service, 17 e. The full cost of the employee's participation in the SIP is covered by the 18 approved budget of the department in which the employee works; 20 f- The employee's participation in the SIP will result in cost savings and/or 21 increased efficiencies for the department; 22 g. The City Attorney, the Finance Director, and the Human Resources Director 23 have analyzed the respective legal, financial, and staffing implications and each recommends the action; and 25 h. The City Manager (or when applicable, the City Attorney), after the 26 considering the recommendations, approves the action. 27 28 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of 2 the City of Carlsbad on the day of , 2009, by the following vote: 3 4 AYES: 5 NOES: 6 ABSENT: 7" 8 9 10 CLAUDE A LEWIS, Mayor 11 ATTEST: 12 " 13 14 LORRAINE M. WOOD, City Clerk 15 (SEAL) 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF CARLSBAD - AGENDA BILL 8 ^AB# 20,049 MTG. 12/01/09 DEPT. ENG TERMINATION OF LOCAL DECLARATION OF EMERGENCY FOR REPAIR OF SEWER MAIN AT 2402 TAMARACK AVENUE DEPT. HEAD l^f^T CITY ATTY. (^" CITY MGR. / . ,_ RECOMMENDED ACTION: Adopt Resolution No. 2009-296 Terminating the Declaration of Local Emergency for Replacement of the sewer main at 2402 Tamarack Avenue. ITEM EXPLANATION: On September 28, 2009, a sewer spill occurred at the abandoned Calaveras Sewer Treatment Plant due to vandalism. The sewer spill was unable to be resolved by cleaning the pipe since there is limited access to the gravity sewer pipe from the Treatment Plant to El Camino Real. The City Manager declared a local state of emergency on October 1, 2009, which allowed for the temporary installation of a 12" HOPE above ground ("high line"), while a new sewer pipe is installed in Tamarack Avenue with adequate access for future maintenance. The Notice to Proceed for the sewer line construction in Tamarack Avenue was issued to Orion Construction Corporation on October 13, 2009, and it is anticipated that the project will take 90 calendar days to complete. The construction contract has been executed and an Emergency Declaration is no longer necessary. ENVIRONMENTAL IMPACT: Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines section 15269. FISCAL IMPACT: The 2009-2010 Capital Improvement Program budget included funding for replacement of this sewer pipeline referred to as reach NAHT1A. The sewer replacement funds which are currently appropriated for this project are anticipated to be sufficient for the interim costs related to diverting the sewer flow to the 12" HOPE high line and for constructing a new sewer pipeline in the City's right-of-way. A final accounting of the project will be provided to Council at the same time as the Notice of Completion. EXHIBITS: 1. Resolution No. 2009-296 Terminating the Declaration of Local Emergency for replacement of the sewer main at 2402 Tamarack Avenue. DEPARTMENT CONTACT: Jacob Moeder 760-602-2736 Jacob.Moeder@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D Dn nn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D nn n 1 RESOLUTION NO. 2009-296 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TERMINATING THE 3 DECLARATION OF LOCAL EMERGENCY FOR REPLACEMENT OF THE SEWER MAIN AT 2402 TAMARACK 4 AVENUE. 5 WHEREAS, on September 28, 2009, a sewer main spill was discovered; and 6 WHEREAS, the sewer main spill was caused by vandals; and 7 WHEREAS, the sewer main spill was creating extreme peril to the safety of persons and 8 property at 2402 Tamarack Avenue; and 9 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden, 10 unexpected occurrence that poses a clear and imminent danger, requiring immediate action to 11 prevent or mitigate the loss or impairment of life, health, property, or essential public services"; 12 and 13 WHEREAS, a temporary sewer pipe high line was constructed to divert sewer flows; and 14 WHEREAS, due to the temporary nature of the above ground sewer line, it is critical that 15 the sewer line be replaced; and 16 WHEREAS, in the event of an emergency, Section 3.28.120 of the Carlsbad Municipal 17' Code gives the City Manager authority to declare a local emergency subject to confirmation by 1R the City Council, by four-fifths vote at its next regularly scheduled meeting following the 1Q declaration of the emergency; and Of)WHEREAS, on October 1, 2009, the City Manager declared a state of Local Emergency; 21 and 22 WHEREAS, on October 6, 2009, City Council confirmed a continuing state of Local 23 Emergency; and 24 WHEREAS, on October 20, 2009, City Council confirmed a continuing state of Local 25 Emergency; and 26 WHEREAS, on November 3, 2009, City Council confirmed a continuing state of Local Emergency; and 28 Z. 1 WHEREAS, on December 1, 2009, City Council declared the Local Emergency has 2 been abated and no need for state and Local Emergency to continue for the Tamarack Sewer 3 Repairs; and 4 WHEREAS, Orion Construction Corporation is expected to complete the sewer pipe 5 replacement project by January 2010. 6 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 7 California, as follows: ° 1. That the above recitations are true and correct. g 2. That the Tamarack Sewer Replacement, Project No. 5510 is expected to be completed by January 2010. 11 3. That the construction contract for the Tamarack Sewer Replacement, Project No. 12 5510 between the City of Carlsbad and Orion Construction Corporation has been executed and 13 the Emergency Declaration may be terminated. 14 15 16 17 18 '" 19 /// 20 /// 21 /// 22 /// 23 /// 24 25 26 27 28 "'3 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the 2 City of Carlsbad on the day of , 2009, by the following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 7n CLAUDE A. LEWIS, Mayor 8 9 ATTEST: 10 11 LORRAINE M. WOOD, City Clerk 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF CARLSBAD - AGENDA BILL AB# 20,050 MTG. 12/01/09 DEPT. ENG AUTHORIZE THE MAYOR TO EXECUTE COOPERATE WORK AGREEMENT FOR THE COASTAL RAIL TRAIL PROJECT NO. 3455 DEPT. HEAD ^fj" CITY ATTY. gg£.- CITY MGR. L1 if A .•• RECOMMENDED ACTION: Adopt Resolution No. 2009-297 authorizing the Mayor to execute the Cooperate Work Agreement (CWA) extension for the Coastal Rail Trail, Project No. 3455. ITEM EXPLANATION: The Coastal Rail Trail is a multi-modal trail extending from San Luis Ray River in Oceanside to the Santa Fe Depot in San Diego. The trail is located within the railroad right-of-way and on city streets. North County Transit District (NCTD) owns the railroad right-of-way in Carlsbad. On January 25, 2000, the City Council authorized the application for federal Intermodal Surface Transportation Efficiency Act (ISTEA) TEA-21 funding for the Coastal Rail Trail project. A Program Supplement was approved in 2001. These funds will expire on June 30, 2010. Staff has requested a one-year extension for these funds. The CWA extension request requires approval of the City Council. ENVIRONMENTAL IMPACT: On April 17, 2001, City Council adopted the Mitigated Negative Declaration for the project (EIA 00-06) as Resolution Number 2001-122. The Mitigated Negative Declaration was prepared in accordance with California Environmental Quality Act (CEQA) guidelines and it covers the project from the San Luis Rey River in Oceanside to the southern boundary of Del Mar. The City of San Diego chose to not be a part of the Mitigated Negative Declaration. As a result of the federal funding for the project, a National Environmental Protection Act (NEPA) federal environmental document is needed. CALTRANS prepared and processed the Categorical Exclusion in conformance with NEPA guidelines. The Federal Highway Administration approved the Categorical Exclusion on August 1, 2001. FISCAL IMPACT: The funds have a "use-it or lose-it" policy. There is no guarantee the state will authorize the extension, submitting the form will initiate the process. The City risks losing all or a portion of the $72,834 if the form is not submitted. EXHIBITS: 1. 2. Resolution No. 2009-297 authorizing the Mayor to execute the Cooperate Work Agreement for the Coastal Rail Trail, Project No. 3455. Local Assistance Projects CWA Cycle 7 Budget Authority Lapsing June 30, 2010. DEPARTMENT CONTACT: Sherri Howard, 760-602-2756 Sherri.Howard@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D 1 RESOLUTION NO. 2009-297 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO SIGN COOPERATE WORK AGREEMENT FOR THE COASTAL 4 RAIL TRAIL PROJECT, NO. 3455 5 WHEREAS, the City Council of the City of Carlsbad, California, has determined it is Q necessary and in the public interest to develop the multi-modal pathway located partially in 7 North County Transit District (NCTD) right-of-way; and o WHEREAS, Federal Transportation Equity Act for the 21st Century funds in the amount of $1,694,641 were authorized for the project; andy WHEREAS, Federal funds in the amount of $72,834 for the project will expire June 30, 10 2010; and 11 WHEREAS; the Federal funds have a "use-it or lose-it" clause; and 12 WHEREAS, staff may not be able to expend all funds by the June 30, 2010 deadline; 13 and 14 WHEREAS, CALTRANS, the local assistance Federal fund manager, will allow a 15 one-time one-year extension on said funds. 16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 17 California, as follows: ^ o 1. That the above recitations are true and correct. 2. That the Mayor is authorized to sign the Local Assistance Projects CWA Cycle 719 Budget Authority Lapsing June 30, 2010.20 /// 21 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the 2 City of Carlsbad on the day of , 2009, by the following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 7 CLAUDE A. LEWIS, Mayor s" 9 ATTEST: 10 11 LORRAINE M. WOOD, City Clerk 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Local Assistance Projects CWA Cycle 7 Budjet Authority Lapsing June 30, 2010 (As of July 31, 2009) District 11: Carlsbad Fiscal Year 2003-04 Fund Source Federal STIP Funds? (Yes/No) No Fund ID 04DJ Budget Item 2660-102- 890 EA 955586 Dist 11 Agency Name Carlsbad TOTAL tt OF FEDERAL PROJECTS: Project Prefix CML 1 Project Number 5308(005) Location Name San Diego Train Station to Oceans ide Transit Center Work Type Description Bike Lane TOTALS: Project Status Code 6A Initial Project Amount (for FY) $1,694,641 $1,694,641 Expenditure Amt (for FY) $1,621,807 ->.. $1,621,807 Unliquidated Encumbrance Balance (for FY) $72,834 $72,834 Date Balance will be billed to Caltrans (month/year) $40,664.00 Requesting a CWA? (Yes/No) Yes Is project consistent with original scope & purpose of Appro priatio n? Yes Delay Code 9 Reason for Delay After agreeing to an alignment, North County Transit District, the underlying property owner, has decide to eplore more options, thus delaying the execution of the easement. Identify Any Impediments For Completion Dificulty in obtaining right of way fort he project from NCTD. Will Project Be Completed Within Extension? (Yes/No) Completion Date? Yes, June 2011 Name of Local Agency Contact Providing Info Sherri Howard Additional Comments 3. 3 miles of the 8 miles of trail have been completed. Signature of Approving Agency's Board or Council: Print Name: Date: CITY OF CARLSBAD - AGENDA BILL 10 AB# 20,051 MTG. 12/01/09 DEPT. TRS REPORT ON CITY INVESTMENTS AS OF OCTOBER 31, 2009 DEPT. HEAD JJ07? CITYATTY. ' d^^ CITYMGR. l,^" RECOMMENDED ACTION: Accept and file report. ITEM EXPLANATION: The City's Investment Policy requires the City Treasurer to report to the City Council on a monthly basis the status of the City's pooled investment portfolio. A quarterly report is also required for the investments of bond proceeds held separately. The City's pooled investment portfolio as of the month ended October 31, 2009 is summarized below. Pooled Investment Portfolio (Cash and Securities) Par Value Cost of Investments Amortized Cost (1) Market Value (2) Current Month 536,816,712 544,416,437 541,574,919 551,485,530 Prior Month 546,121,236 552,767,252 550,079,431 559,270,867 (1) The cost of investments adjusted for amortized premiums and discounts. (2) The amount at which the investments could be sold. Source of market values is Union Bank of California's custodial report as of 10/31/09. The equity portion of the various funds in the total portfolio is summarized in the graph below. Fund balances are restricted for various purposes. See Exhibit 8 for a more detailed breakdown. FUND EQUITY IN POOLED INVESTMENTS (Dollar Amounts in Millions) General $57.5 Speeial Revenue $46.3 Capital Projects $271.2 Other $3.2 Internal Sen'ice $26.9 AgenC> SI 1.9 Enterprise $124.6 Total Treasurer's Investment Portfolio at Amortized Cost October 31, 2009 $541.6 million FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED D DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D DEPARTMENT CONTACT: Nancy Sullivan (760) 602-2473 Nancv.Sullivan@carlsbadca.qov PAGE 2 OF AB REPORT ON CITY INVESTMENTS AS OF OCTOBER 31, 2009 Pooled Investment Interest Income Cash Income Fiscal Year-to-Date * Current Month FYTD 7,165,824 Prior Month FYTD 5,565,811 Current Month Income 1,600,013 *The cash income received is adjusted for any accrued interest purchased. Pooled Investment Performance/Measurement August 2009 September 2009 October 2009 Average Life (Years) 1.63 1.59 1.62 Average Yield To Maturity 2.82% 2.73% 2.63% Modified Duration 1.540 1.503 1.537 All pooled investments have been made in accordance with the City's Investment Policy adopted January 2, 1985 and last revised April 21, 2009. All investments were initially made in accordance with the City's Investment Policy. Events subsequent to the purchase might have resulted in some investments not being in compliance with the current policy. These events are typically a change in the City's Investment Policy, a change in the credit rating subsequent to a purchase, or a temporary reduction in total portfolio assets. See Exhibit 9 for details. The pooled investment portfolio has the ability to meet the City's cash flow demands for the next six (6) months. EXHIBITS FOR POOLED INVESTMENTS: 1. Investment Portfolio Breakdown By Amortized Cost, Market Value, Cash Income, and Average Yield 2. Investment Portfolio Breakdown Of Maturities 3. Yield Comparison Graph 4. Market Yield Curve 5. Cumulative Cash Income Graph 6. Second Quarter Transactions 7. Detailed Investment Report 8. Fund Equity in Pooled Investments 9. Corporate Note and Commercial Paper Ratings 10. Percentage Weightings By Corporate Note Issuer CITY OF CARLSBAD INVESTMENT PORTFOLIO AS OF OCTOBER 31, 2009 BREAKDOWN BY AMORTIZED COST, MARKET VALUE, CASH INCOME, AND AVERAGE YIELD BY CLASS Class CD FN CP TR FA CN LAIF CUSTODY SWEEP BANK ACCT AMORTIZED Current Month 33,000 12,376,655 0 101,727,604 282,737,784 106,058,245 35,801,670 (37,457) 2,498,318 379,101 COST MARKET VALUE Prior Month Current Month 33,000 33,000 15,353,788 0 98,752,932 284,380,730 108,112,825 40,972,622 472 1,444,249 1,028,814 12,558,790 0 101,844,870 288,698,260 109,708,978 35,801,670 (37,457) 2,498,318 379,101 Prior Month 33,000 15,498,980 0 98,842,850 290,468,314 110,981,566 40,972,622 472 1 ,444,249 1,028,814 AVERAGE YIELD Cash Income Year to Date Current Month Prior Month 101 0 0 159,062 4,240,904 2,229,731 535,414 32 579 0 0.90 2.13 0.00 0.46 3.11 4.20 0.63 0.15 0.10 0.10 0.90 2.32 0.00 0.40 3.28 4.20 0.91 0.15 0.10 0.10 TOTALS $541,574,919 $550,079,431 $551,485,530 $559,270,867 $7,165,824 2.63%2.73% CD - Certificate of Deposit FN - Federal Discount Notes CP - Corporate Paper TR - US Treasury FA - Federal Agency CN - Corporate Notes LAIF - Local Agency Investment Fund Custody - Investment Cash account SWEEP - General Fund Overnight Cash acccount Bank Account - General Fund Cash account xrni—i 03 CITY OF CARLSBAD INVESTMENT PORTFOLIO AS OF OCTOBER 31, 2009 BREAKDOWN OF MATURITIES BY CLASSIFICATION AND LENGTH OF TIME CLASS CD FN CP TR FA CN LAIF CUSTODY SWEEP BANK ACCT TOTALS % TOTALS Total within One WITHIN 6 MONTHS 33,000 2,994,569 0 51,371,338 34,132,979 5,097,515 35,801,670 (37,457) 2,498,318 379,101 $132,271,033 (1) 24.3% Year 7 MONTHS TO 1 YEAR 0 0 0 24,535,742 54,560,395 16,075,380 0 0 0 0 $95,171,518 (1) 17.5% $227,442,550 (1) 1 TO 5 YEARS 0 9,201,104 0 26,195,156 196,046,993 85,530,635 0 0 0 0 $316,973,887 58.2% TOTAL 33,000 12,195,673 0 102,102,236 284,740,367 106,703,530 35,801,670 (37,457) 2,498,318 379,101 $544,416,437 100.0% % TOTAL 0.0% 2.2% 0.0% 18.8% 52.3% 19.6% (2) 6.6% 0.0% 0.5% 0.1% 100.0% 41.8% POLICY: (1) Not less than $126,950,000 to mature within one year. (2/3rds of current year operating budget of $190,416,000.00) (2) Policy states that not more than 30% of portfolio is to be invested in corporate notes.x:ri—i CO YIELD COMPARISON PORTFOLIO EX-LAIF VS. LAIF JULY 1996 - OCTOBER 2009 —EX-LAtF MARKET YIELD CURVE 6/30/08,6/30/09, 10/31/09 Market Rates 3Mth 2Yr 5Yr 3Mth 2Yr 5Yr 10 Yr —06/30/2008 -*- 06/30/2009 ^10/31/2009 1.73 .18 .05 2.62 1.11 .89 3.33 2.56 2.31 3.97 3.53 3.38 10 Yr Cumulative Cash Income FY09-10 Cumulative Millions $ 20 18 16 14 12 10 8 6 4 2^ n (October 2009 )Monthly Interest Income Millions $ o ^ ^--^ j^' ^^ ^^ ^^^ 1 ' .99 if/^ ^^1.942^^^\.^\ 1.6 u - 7 6 5 3 1 n Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun izzi Interest Income —*--Budget Actual Xn:i—i TOi—t —I 01 City of Carlsbad TRANSACTIONS FOR PERIOD: 10/01/09 TO 10/31/09 2ND QUARTER 2009-2010 Trans Date BUYS OCTOBER 09/30/2009 09/30/2009 09/30/2009 09/30/2009 10/16/2009 10/16/2009 10/16/2009 10/16/2009 10/16/2009 10/19/2009 10/19/2009 10/19/2009 10/19/2009 10/19/2009 10/19/2009 10/27/2009 10/27/2009 Investment Date 10/01/2009 10/01/2009 10/01/2009 10/13/2009 10/19/2009 10/19/2009 10/19/2009 10/19/2009 10/19/2009 10/20/2009 10/20/2009 10/20/2009 10/20/2009 10/20/2009 10/27/2009 10/28/2009 10/28/2009 Maturity Date 01/31/2011 08/05/201 1 09/24/2012 10/13/2010 01/31/2011 05/23/2012 07/19/2012 10/21/2013 02/28/201 1 06/18/2012 02/07/2013 05/22/2013 06/12/2013 06/30/2014 07/27/2012 05/31/2011 06/30/201 1 Type TR FA FA FA TR FA FA FA TR FA FA FA FA FA FA TR TR Security US TREASURY FHLB FFCB FHLB US TREASURY TVA FFCB FFCB US TREASURY FFCB FFCB FHLMC FHLMC FFCB FNMA US TREASURY US TREASURY Call Date N/A N/A N/A 04/13/10 N/A N/A 10/19/2010 N/A N/A N/A N/A N/A N/A N/A 10/27/2010 N/A N/A TOTAL SECOND QUARTER 2009-2010 MATURITIES OCTOBER NOVEMBER Nn 11/01/2007 03/19/2007 03/05/2008 01/22/2008 10/23/2008 06/18/2009 06/18/2009 06/05/2009 03/06/2008 01/28/2008 01/31/2008 01/22/2008 01/22/2008 05/11/2009 06/05/2009 06/18/2009 06/01/2009 06/18/2009 10/27/2009 10/02/2009 10/23/2009 10/28/2009 10/01/2009 10/15/2009 10/22/2009 10/29/2009 11/06/2009 11/13/2009 11/13/2009 11/16/2009 11/18/2009 11/19/2009 11/19/2009 11/19/2009 11/27/2009 11/27/2009 CN FA FA FA FN TR TR TR FA FA FA FA FA TR TR TR TR TR GENERAL ELECTRIC FHLB FFCB FNMA FHLBN US TREASURY US TREASURY US TREASURY FFCB FFCB FHLB FNMA FHLMC US TREASURY US TREASURY US TREASURY US TREASURY US TREASURY N/A NA NA NA NA NA NA NA N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Par Value 3,000,000.00 1,000,000.00 1,000,000.00 2,000,000.00 3,000,000.00 3,000,000.00 3,000,000.00 2,000,000.00 3,000,000.00 3,000,000.00 1,000,000.00 500,000.00 500,000.00 3,000,000.00 1,000,000.00 3,000,000.00 3,000,000.00 36,000,000.00 2,000,000.00 3,000,000.00 2,000,000.00 500,000.00 3,000,000.00 5,000,000.00 4,000,000.00 3,000,000.00 1,000,000.00 2,000,000.00 1,000,000.00 2,000,000.00 2,080,000.00 2,000,000.00 3,000,000.00 5,000,000.00 2,000,000.00 4,000,000.00 Coupon 0.875% 1 .375% 1 .800% .35% STEP 0.875% 6.790% 1 .550% 5.350% 0.875% 2.i25% 5.150% 4.250% 4.000% 4.375% 1 .700% 0.875% 1.125% 5.250% 5.00% 5.00% 4.00% 0.00% 0.00% 0.00% 0.00% 4.350% 4.125% 4.250% 4.000% 4.125% 0.000% 0.000% 0.000% 0.000% 0.000% Amount (Cost) 3,014,531.25 1,006,100.00 1,003,470.00 2,000,000.00 3,012,656.25 3,399,498.48 2,995,200.00 2,235,072.36 3,011,718.75 3,049,023.21 1,102,490.00 536,967.86 532,794.50 3,234,480.00 998,800.00 3,008,320.31 3,018,398.44 37,159,521.41 2,030,120.00 3,014,820.00 2,090,620.00 508,645.00 2,914,250.00 4,997,190.28 3,997,480.00 2,997,810.00 1,031,080.00 2,049,060.00 1,024,930.00 2,038,020.00 2,124,168.80 1,996,693.33 2,996,799.17 4,994,866.67 1,997,315.00 3,995,860.00 Return Rate 0.509% 1 .040% 1 .680% 0.550% 0.544% 1 .534% 1.610% 2.264% 0.587% 1 .496% 1 .926% 2.100% 2.120% 2.595% 1.745% 0.699% 0.755% 1 .274% 4.450% 4.790% 2.160% 2.986% 3.109% 0.172% 0.183% 0.183% 2.43% 2.71% 2.81% 2.92% 2.92% 0.32% 0.23% 0.24% 0.27% 0.23% Interest 20,421.20 19,261.11 50,180.00 11,000.00 21,012.23 128,989.85 132,675.00 193,522.08 24,103.07 120,622.62 67,316.94 39,296.03 40,094.39 381,665.83 47,950.00 10,758.20 11,005.43 1,319,873.98 178,713.33 365,596.67 72,713.33 26,688.33 171,500.00 2,809.72 2,520.00 2,190.00 _ 41 ,420.00 98,752.50 50,861.67 107,313.33 112,177.87 3,306.67 3,200.83 5,133.33 2,685.00 4,140.00 Investment Return 3,034,952.45 1,025,361.11 1,053,650.00 2,011,000.00 3,033,668.48 3,528,488.33 3,127,875.00 2,428,594.44 3,035,821.82 3,169,645.83 1,169,806.94 576,263.89 572,888.89 3,616,145.83 1,046,750.00 3,019,078.51 3,029,403.87 38,479,395.39 2,208,833.33 3,380,416.67 2,163,333.33 535,333.33 3,085,750.00 5,000,000.00 4,000,000.00 3,000,000.00 1 ,072,500.00 2,147,812.50 1,075,791.67 2,145,333.33m 2,236,346.67g 2,000,000.00-' 3,000,000.00^ S.OOO.OOO.OO"1 2,000,000.00°" 4,000,000.00 City of Carlsbad TRANSACTIONS FOR PERIOD: 10/01/09 TO 10/31/09 Trans Date Investment Date Maturity Date TOTAL SECOND QUARTER 2009-2010 CALLS and / or SALES OCTOBER Type TOTAL SECOND QUARTER 2009-2010 2ND QUARTER 2009-2010 10/05/2007 10/29/2007 10/19/2007 03/05/2008 07/29/2009 11/28/2007 12/06/2007 10/05/2011 10/15/2012 10/19/2011 10/27/2011 07/29/2011 10/30/2012 10/30/2012 FA FA FA FA FA FA FA FHLB FHLMC FHLB FHLB FHLB FNMA FNMA Call Date 10/05/2009 10/15/2009 10/19/2009 10/27/2009 10/29/2009 10/30/2009 10/30/2009 Par Value 46,580,000.00 2,000,000.00 1,000,000.00 3,000,000.00 2,000,000.00 5,000,000.00 3,000,000.00 2,000,000.00 Coupon 4.900% 5.050% 5.000% 5.300% 0.500% 5.000% 5.000% 18,000,000.00 Amount (Cost) 46,799,728.25 2,000,000.00 1,006,875.00 3,000,000.00 2,085,000.00 5,000,000.00 3,033,000.00 2,030,000.00 Return Rate 1 .45% 4.90% 4.89% 5.00% 4.03% 1.71% 4.75% 4.65% Interest 1,251,722.58 392,000.00 243,661.11 600,000.00 301,311.11 171,875.00 705,333.33 460,000.00 Investment Return 48,051,450.83 2,392,000.00 1,250,536.11 3,600,000.00 2,386,311.11 5,171,875.00 3,738,333.33 2,490,000.00 18,154,875.00 3.88%2,874,180.55 21,029,055.55 INVESTMENT REPORT AS OF OCTOBER 31, 2009 INVESTMENT DATE 03/06/2008 01/28/2008 01/31/2008 01/22/2008 01/22/2008 01/22/2008 02/01/2008 01/28/2008 01/31/2008 09/29/2008 01/28/2008 02/04/2008 02/13/2008 04/02/2008 10/30/2008 04/22/2008 01/28/2008 07/25/2007 04/22/2008 05/05/2008 12/21/2007 03/16/2009 02/26/2008 05/08/2008 04/17/2009 08/05/2008 10/09/2007 07/25/2007 07/15/2008 03/12/2008 02/20/2008 02/13/2008 10/30/2007 02/12/2008 09/18/2007 09/26/2007 05/08/2008 12/05/2008 03/11/2009 09/26/2007 10/13/2009 06/01/2009 05/05/2008 04/22/2009 ' 06/03/2009 TYPE FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA SECURITY FFCB 4.350% NON-CALL FFCB4.125% NON-CALL FHLB4.25% NON-CALL FNMA4.0% NON-CALL FHLMC 4.125% NON-CALL FHLB 5.0% NON-CALL FHLMC 3.25% CALL 7/29/08 FHLB 3.875% NON-CALL FHLB 37.375% NON-CALL FHLMC 3.125% NON-CALL FNMA4.40% NON-CALL FHLB 2.375% NON-CALL FHLB 2.375% NON-CALL FHLB 2.750% NON-CALL FHLB 2.750% NON-CALL FFCB 2.375% NON-CALL FHLMC 4.02% NON-CALL FFCB 4.780% NON-CALL FFCB 5.320% NON-CALL FHLB 7.625% NON-CALL FNMA 3.625% NON-CALL FHLB 1.250% NON-CALL FHLB 4.25% NON-CALL FHLB 3.00% NON-CALL FHLB 5.25% NON-CALL FHLMC 3.50% NON-CALL FHLB 4.5% NON-CALL FNMA 5.125% NON-CALL FFCB 3.200% NON-CALL FHLB 4.44% NON-CALL FNMA 4.70% NON-CALL FHLB 5.00% NON-CALL FHLB 4.7% NON-CALL FHLB 3.190% CALL 8/12/08 FHLMC 5.125% NON-CALL FHLB 5.125% NON-CALL FHLB 3.00% NON-CALL FHLB 3.375% NON-CALL FHLB 1.4% NON-CALL FFCB 5.25% NON-CALL FHLB .35% CALL 4/13/10 FHLB 1.25% NON-CALL FHLB 4.375% NON-CALL FHLB 1.125% NON-CALL FHLB 4.375% NON-CALL PAR VALUE 1,000,000.00 2,000,000.00 1,000,000.00 2,000,000.00 2,080,000.00 3,000,000.00 3,000,000.00 1,000,000.00 2,000,000.00 3,000,000.00 2,000,000.00 2,000,000.00 2,000,000.00 1,000,000.00 3,000,000.00 2,000,000.00 1,500,000.00 2,000,000.00 1,000,000.00 3,000,000.00 2,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 3,000,000.00 3,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 3,000,000.00 2,550,000.00 1,000,000.00 3,000,000.00 3,000,000.00 2,000,000.00 2,000,000.00 2,000,000.00 2,000,000.00 2,000,000.00 2,000,000.00 2,000,000.00 1,000,000.00 3,000,000.00 2,000,000.00 INVESTED AMOUNT 1,031,080.00 2,049,060.00 1,024,930.00 2,038,020.00 2,124,168.80 3,114,720.00 3,000,000.00 1,020,550.00 2,177,668.00 2,997,750.00 2,064,240.00 1,989,880.00 1,994,095.84 1,006,020.00 2,978,060.95 1,984,800.00 1,537,935.00 1,981,720.00 1,050,120.00 3,273,695.78 1,996,499.26 1,000,000.00 1,030,795.00 999,862.00 1,049,288.56 3,010,680.00 2,991,510.00 1,000,640.00 1,000,000.00 1,043,000.00 3,134,430.00 2,688,248.25 1,009,328.80 3,000,000.00 3,048,120.00 2,034,188.23 1,994,876.00 2,032,660.00 2,000,000.00 2,041,700.00 2,000,000.00 2,014,960.00 1,032,893.26 3,000,000.00 2,101,180.00 RETURN RATE 2.434% 2.711% 2.805% 2.916% 2.918% 2.900% 3.250% 2.830% 2.841% 3.180% 2.821% 2.622% 2.520% 2.430% 3.300% 2.776% 2.850% 5.135% 2.790% 2.950% 3.700% 1 .250% 2.849% 3.005% 0.930% 3.300% 4.610% 5.100% 3.200% 2.559% 2.786% 2.710% 4.337% 3.190% 4.530% 4.500% 3.115% 2.420% 1 .400% 4.490% 0.550% 0.700% 2.980% 1.125% 0.701% INTEREST 41,420.00 98,752.50 50,861.67 107,313.33 112,177.87 168,196.67 194,458.33 58,456.94 122,248.67 130,635.42 121,537.78 110,133.89 104,730.55 47,452.22 134,689.05 108,220.83 97,740.00 283,304.44 59,087.78 189,522.97 180,118.80 15,625.00 66,482.78 62,888.00 11,086.44 185,028.33 373,365.00 150,405.14 64,000.00 62,326.67 209,453.33 175,897.58 121,226.76 239,250.00 402,452.92 268,756.21 145,457.34 86,402.50 41,922.22 269,508.33 11,000.00 19,276.11 74,901.88 50,625.00 20,104.72 INVESTMENT RETURN 1,072,500.00 2,147,812.50 1,075,791.67 2,145,333.33 2,236,346.67 3,282,916.67 3,194,458.33 1,079,006.94 2,299,916.67 3,128,385.42 2,185,777.78 2,100,013.89 2,098,826.39 1,053,472.22 3,112,750.00 2,093,020.83 1,635,675.00 2,265,024.44 1,109,207.78 3,463,218.75 2,176,618.06 1,015,625.00 1,097,277.78 1,062,750.00 1,060,375.00 3,195,708.33 3,364,875.00 1,151,045.14 1,064,000.00 1,105,326.67 3,343,883.33 2,864,145.83 1,130,555.56 3,239,250.00 3,450,572.92 2,302,944.44 2,140,333.34 2,119,062.50 2,041,922.22 2,311,208.33 2,011,000.00 2,034,236.11 1,107,795.14 3,050,625.00 2,121,284.72 TERM (Days) 610 655 652 664 666 689 728 746 743 501 770 767 758 709 498 715 821 1,013 749 739 889 457 836 764 420 680 987 1,077 730 866 889 898 1,015 912 1,070 1,080 855 644 548 1,083 365 500 900 548 506 INVESTMENT REPORT AS OF OCTOBER 31, 2009 INVESTMENT DATE TYPE SECURITY 06/01/2009 FA FHLB 1.050% NON-CALL 06/03/2009 FA FHLB 1.050% NON-CALL 12/23/2008 FA FHLB 1.70% CALL 12/30/09 12/05/2008 FA FHLMC 4.50% NON-CALL 06/03/2009 FA FNMA 2.050% CALL 4/1/10 05/11/2009 FA FHLB 1.375% NON-CALL 02/20/2008 FA FHLB 2.875% NON-CALL 05/12/2009 FA FNMA 1.45% CALL 11/20/2007 FA FHLB 4.5% CALL 11/20/09 01/28/2008 FA FHLB 4.5% CALL 11/20/09 06/22/2009 FA FHLB 1.125% NON-CALL 08/31/2007 FA FHLB 5.275% NON-CALL 05/08/2008 FA FHLB 5.25% NON-CALL 09/17/2008 FA FHLB 5.25% NON-CALL 03/09/2007 FA FNMA 3.64% NON-CALL 08/01/2007 FA FAMCA 5.50% NON-CALL 08/31/2007 FA FAMCA 5.50% NON-CALL 05/08/2008 FA FAMCA 5.5% NON-CALL 03/31/2009 FA FFCB 3.625% NON-CALL 05/11/2009 FA FAMCA 5.50% NON-CALL 04/27/2009 FA FHLMC 1.75% CALL 4/27/10 06/29/2009 FA FHLB 1.625% NON-CALL 10/01/2009 FA FHLB 1.375% NON-CALL 03/19/2007 FA FHLB 5.75% NON-CALL 01/23/2009 FA FHLB 5.75% NON-CALL 09/21/2009 FA FHLMC 1.5% CALL 06/22/2009 FA FFCB 3.875% NON-CALL 03/05/2007 FA FHLB 5.00% NON-CALL 03/15/2007 FA FHLB 5.00% NON-CALL 01/23/2009 FA FHLB 5.00% NON-CALL 10/30/2007 FA FHLMC 5.50% NON-CALL 03/15/2007 FA FHLB 4.875% NON-CALL 03/19/2007 FA FHLB 4.875% NON-CALL 06/29/2009 FA FFCB 2.0% NON-CALL 03/26/2007 FA FHLMC 5.0% CALL 3/26/10 03/26/2007 FA FHLMC 5.0% CALL 3/26/10 04/20/2007 FA FHLMC 5.0% CALL 3/26/10 05/21/2007 FA FFCB 4.875% NON-CALL 08/17/2009 FA FHLMC 2.0% CALL 5/17/10 07/25/2007 FA TVA 6.790% NON-CALL 10/19/2009 FA TVA 6.790% NON-CALL 07/22/2009 FA FHLB 1.90% QRTLY CALL 07/25/2007 FA FHLB 5.375% NON-CALL 07/25/2007 FA FHLB 5.375% NON-CALL 07/15/2008 FA FHLB 4.375% NON-CALL 10/20/2009 FA FFCB 2.125% NON-CALL PAR VALUE 2,000,000.00 2,000,000.00 1,000,000.00 3,000,000.00 2,000,000.00 1,000,000.00 3,000,000.00 1,000,000.00 2,000,000.00 3,000,000.00 2,000,000.00 1,000,000.00 1,000,000.00 2,000,000.00 2,000,000.00 3,000,000.00 629,000.00 2,000,000.00 1,000,000.00 1,000,000.00 3,000,000.00 2,000,000.00 1,000,000.00 3,000,000.00 1,000,000.00 1,000,000.00 3,000,000.00 2,000,000.00 3,000,000.00 1,000,000.00 3,000,000.00 3,000,000.00 3,000,000.00 4,000,000.00 2,000,000.00 3,000,000.00 1,000,000.00 2,000,000.00 2,000,000.00 2,000,000.00 3,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 3,000,000.00 3,000,000.00 INVESTED AMOUNT 2,008,660.00 2,007,180.00 1,000,000.00 3,119,880.00 2,024,200.00 1,001,350.00 2,993,378.76 1,000,000.00 2,016,000.00 3,078,630.00 1,988,700.00 1,020,930.00 1,055,434.00 2,132,207.14 1,909,480.00 3,034,380.00 644,775.32 2,116,712.00 1,044,420.00 1,072,970.00 3,000,000.00 2,012,680.00 1,006,100.00 3,111,810.00 1,097,950.00 1,001,300.00 3,152,520.00 2,018,200.00 3,032,352.00 1,077,520.00 3,117,300.00 3,018,777.00 3,009,690.00 4,036,800.00 2,000,000.00 3,000,000.00 999,687.50 1,987,880.00 1,997,500.00 2,130,980.00 3,399,498.48 999,250.00 1,005,040.00 1,005,254.43 3,050,958.11 3,049,023.21 RETURN RATE 0.750% 0.800% 1.700% 2.470% 1.377% 1.305% 2.950% 1 .450% 4.252% 3.651% 1 .420% 4.761% 3.345% 2.720% 4.805% 5.175% 4.781% 3.545% 1 .639% 2.050% 1 .750% 1.315% 1 .375% 4.800% 1.818% 1 .430% 1 .490% 4.773% 4.730% 1 .958% 4.390% 4.720% 4.795% 1.630% 5.000% 5.000% 5.006% 5.015% 2.047% 5.235% 1.534% 1 .927% 5.255% 5.250% 3.900% 1 .496% INTEREST 21,906.67 23,270.00 34,000.00 154,245.00 50,738.89 25,653.47 270,402.49 (891,000.00) 299,000.00 368,370.00 55,112.50 181,976.25 106,732.67 154,501.19 406,997.78 618,286.67 118,184.21 233,760.22 85,530.00 46,807.78 118,125.00 54,847.78 19,261.11 648,148.33 49,313.89 27,283.33 100,323.75 432,911.11 640,148.00 53,868.89 522,075.00 647,473.00 672,403.75 167,200.00 500,000.00 750,000.00 246,979.17 489,057.50 (1,786,500.00) 524,632.22 128,989.85 54,741.66 256,692.64 256,478.21 460,552.31 120,622.62 INVESTMENT RETURN 2,030,566.67 2,030,450.00 1,034,000.00 3,274,125.00 2,074,938.89 1,027,003.47 3,263,781.25 109,000.00 2,315,000.00 3,447,000.00 2,043,812.50 1,202,906.25 1,162,166.67 2,286,708.33 2,316,477.78 3,652,666.67 762,959.53 2,350,472.22 1,129,950.00 1,119,777.78 3,118,125.00 2,067,527.78 1,025,361.11 3,759,958.33 1,147,263.89 1,028,583.33 3,252,843.75 2,451,111.11 3,672,500.00 1,131,388.89 3,639,375.00 3,666,250.00 3,682,093.75 4,204,000.00 2,500,000.00 3,750,000.00 1,246,666.67 2,476,937.50 211,000.00 2,655,612.22 3,528,488.33 1,053,991.66 1,261,732.64 1,261,732.64 3,511,510.42 3,169,645.83 TERM (Days) 532 530 737 741 667 717 1,115 730 1,277 1,208 711 1,379 1,128 996 1,588 1,444 1,414 1,163 836 795 821 758 673 1,610 934 695 794 1,649 1,639 959 1,416 1,665 1,705 932 1,827 1,827 1,802 1,788 1,004 1,764 947 1,038 1,780 1,780 1,424 972 INVESTMENT REPORT AS OF OCTOBER 31, 2009 INVESTMENT DATE TYPE SECURITY 06/22/2009 FA FHLB 1.50% CALL Quarterly 10/19/2009 FA FFCB 1.55% CALL 10/19/10 12/10/2007 FA FHLB 5.58% CALL 7/20/10 08/05/2008 FA FFCB 3.950% NON-CALL 08/12/2009 FA FHLB 2.0% CALL 7/27/10 10/27/2009 FA FNMA 1.70% CALL 10/27/10 07/30/2007 FA FHLB 5.52% CALL 7/30/10 07/21/2009 FA FHLB 2.0% CALL 2/10/10 08/13/2008 FA FHLB 4.35% CALL 8/13/10 08/13/2009 FA FHLMC 2.25% CALLI 11/13/09 01/29/2009 FA FHLB 4.625% NON-CALL 02/27/2009 FA FNMA 2.625% CALL 8/27/10 09/04/2009 FA FNMA 2.50% CALL 9/7/10 03/12/2009 FA FHLMC 2.0% CALL 3/12/10 05/05/2008 FA FHLB 5.00% NON-CALL 08/22/2008 FA FHLB 4.5% NON-CALL 10/01/2009 FA FFCB 1.80% NON-CALL 09/28/2009 FA FHLB 1.0% CALL Qrtly 05/11/2009 FA FHLMC 3.875% NON-CALL 12/10/2007 FA FFCB 4.5% NON-CALL 10/22/2007 FA FHLB 5.00% CALL 4/22/10 06/03/2008 FA FNMA 6.41% NON-CALL 05/19/2009 FA FNMA 2.2% CALL 5/19/10 12/21/2007 FA FHLMC 4.375% CALL 12/21/09 12/21/2007 FA FHLMC 4.375% CALL 12/21/09 01/23/2008 FA FHLB 4.7% CALL 1/7/10 01/14/2008 FA FHLB 4.25% CALL 10/14/08 10/20/2009 FA FFCB 5.15% NON-CALL 05/19/2009 FA FNMA 2.32% CALL 2/19/10 08/27/2009 FA FHLB 2.0% CALL 11/27/09 STEP 03/10/2008 FA FHLB 3.50% NON-CALL 08/26/2009 FA FHLMC 2.5% CALL 4/8/11 05/14/2008 FA FHLB 4.00% CALL 5/15/10 10/20/2009 FA FHLMC 4.25% NON-CALL 10/20/2009 FA FHLMC 4.0% NON-CALL 11/10/2008 FA FHLB 5.375% NON-CALL 08/13/2009 FA FHLB 4.25% NON-CALL 12/03/2008 FA FFCB 4.625% CALL 7/8/10 08/27/2008 FA FNMA 4.375% NON-CALL 08/21/2009 FA FHLMC 2.4% CALL 7/23/10 08/19/2009 FA FFCB 2.7% NON-CALL 11/12/2008 FA FHLB 4.0% NON-CALL 12/17/2008 FA FHLB 4.375% NON-CALL 10/19/2009 FA FFCB 5.350% NON-CALL 11/26/2008 FA FHLB 3.5% CALL 11/26/10 01/20/2009 FA FHLB 3.125% NON-CALL PAR VALUE 3,000,000.00 3,000,000.00 1,000,000.00 2,000,000.00 2,000,000.00 1,000,000.00 1,770,000.00 2,000,000.00 2,000,000.00 1,000,000.00 2,000,000.00 2,000,000.00 2,000,000.00 2,000,000.00 1,175,000.00 1,000,000.00 1,000,000.00 3,000,000.00 1,000,000.00 2,000,000.00 2,000,000.00 1,807,000.00 2,000,000.00 5,000,000.00 4,000,000.00 2,000,000.00 3,000,000.00 1,000,000.00 1,000,000.00 2,000,000.00 3,000,000.00 2,000,000.00 2,000,000.00 500,000.00 500,000.00 1,000,000.00 2,000,000.00 2,000,000.00 2,000,000.00 2,000,000.00 1,000,000.00 1,000,000.00 2,000,000.00 2,000,000.00 2,000,000.00 2,000,000.00 INVESTED AMOUNT 3,000,000.00 2,995,200.00 1,037,000.00 2,002,900.00 1,988,600.00 998,800.00 1,770,000.00 1,999,500.00 1,999,500.00 1,000,000.00 2,150,960.00 2,000,000.00 2,000,000.00 2,000,000.00 1,238,814.19 1,022,730.00 1,003,470.00 3,000,000.00 1,063,510.00 2,034,780.00 2,000,000.00 1,990,388.82 2,000,000.00 5,000,000.00 4,000,000.00 2,056,800.00 3,000,000.00 1,102,490.00 1,000,000.00 1,999,500.00 2,963,940.00 2,008,000.00 2,000,000.00 536,967.86 532,794.50 1,065,788.37 2,130,988.03 2,053,420.00 2,035,600.00 1,991,200.00 1,005,669.88 1 ,007,890.00 2,154,940.00 2,235,072.36 2,000,000.00 2,047,941.08 RETURN RATE 2.239% 1.610% 4.677% 3.910% 2.200% 1 .745% 5.520% 2.090% 4.357% 2.250% 2.391% 2.625% 2.500% 2.710% 3.640% 3.889% 1 .680% 2.357% 1 .928% 4.100% 5.000% 3.890% 2.200% 4.675% 4.675% 4.061% 4.250% 1 .926% 2.320% 2.945% 3.765% 2.384% 4.000% 2.100% 2.120% 3.800% 2.450% 3.983% 3.970% 2.518% 2.550% 3.818% 2.625% 2.264% 4.361% 2.600% INTEREST 202,500.00 132,675.00 220,300.00 310,466.67 129,733.33 47,950.00 488,520.00 120,500.00 348,500.00 67,500.00 176,901.11 183,750.00 150,416.67 190,000.00 192,237.89 160,020.00 50,180.00 213,750.00 67,701.81 401,970.00 500,000.00 331,405.40 154,000.00 1,168,750.00 935,000.00 409,022.22 637,500.00 67,316.94 87,000.00 208,000.00 560,476.67 172,833.33 320,000.00 39,296.03 40,094.39 181,163.02 195,081.41 371,823.06 392,177.78 197,066.67 102,330.12 184,776.67 259,712.78 193,522.08 440,000.00 258,135.31 INVESTMENT RETURN 3,202,500.00 3,127,875.00 1,257,300.00 2,313,366.67 2,118,333.33 1,046,750.00 2,258,520.00 2,120,000.00 2,348,000.00 1,067,500.00 2,327,861.11 2,183,750.00 2,150,416.67 2,190,000.00 1,431,052.08 1,182,750.00 1,053,650.00 3,213,750.00 1,131,211.81 2,436,750.00 2,500,000.00 2,321,794.22 2,154,000.00 6,168,750.00 4,935,000.00 2,465,822.22 3,637,500.00 1,169,806.94 1,087,000.00 2,207,500.00 3,524,416.67 2,180,833.33 2,320,000.00 576,263.89 572,888.89 1,246,951.39 2,326,069.44 2,425,243.06 2,427,777.78 2,188,266.67 1,108,000.00 1,192,666.67 2,414,652.78 2,428,594.44 2,440,000.00 2,306,076.39 TERM (Days) 1,096 1,004 1,684 1,448 1,080 1,004 1,827 1,116 1,461 1,096 1,294 1,277 1,099 1,280 1,593 1,484 1,089 1,096 1,238 1,773 1,827 1,624 1,280 1,827 1,827 1,811 1,827 1,206 1,372 1,280 1,824 1,321 1,826 1,310 1,331 1,677 1,401 1,678 1,785 1,432 1,461 1,759 1,731 1,463 1,826 1,788 INVESTMENT REPORT AS OF OCTOBER 31, 2009 INVESTMENT DATE 02/12/2009 05/14/2009 10/20/2009 08/27/2009 09/24/2009 06/01/2009 06/01/2009 03/12/2009 02/11/2009 02/18/2009 02/25/2009 03/02/2009 03/02/2009 05/11/2009 06/05/2009 06/18/2009 06/01/2009 06/18/2009 05/1 1/2009 06/18/2009 06/18/2009 06/05/2009 07/22/2009 06/05/2009 05/11/2009 07/22/2009 06/05/2009 04/30/2009 06/05/2009 07/22/2009 06/05/2009 04/21/2009 06/05/2009 09/16/2009 06/05/2009 09/16/2009 ^ 07/22/2009 \ 09/02/2009 TYPE FA FA FA FA FA FN FN FN FN FN FN FN FN TR TR TR TR TR TR TR TR TR TR TR TR TR TR TR TR TR TR TR TR TR TR TR TR TR SECURITY FNMA2.00% CALL 2/12/10 FNMA 2.0% CALL 8/14/09 FFCB 4.375% NON-CALL FHLB 3.0% CALL 1 1/27/09 STEP FNMA 2.0% CALL 9/23/1 1 STEP SUB-TOTAL FHLBN 0% NON-CALL FHLBN 0% NON-CALL FICOO.0% NON-CALL FICO STRIP 0.00% NON-CALL FICO STRIP 0.00% NON-CALL FICO STRIP 0.00% NON-CALL FICOO.0% NON-CALL FICOO.0% NON-CALL SUB-TOTAL Federal Investments Total US TREASURY 00% US TREASURY 00% US TREASURY 00% US TREASURY 00% US TREASURY 00% US TREASURY 00% US TREASURY 00% US TREASURY 00% US TREASURY 2. 125% US TREASURY 2. 125% US TREASURY 6.50% US TREASURY 2.0% US TREASURY 2.0% US TREASURY 1.750% US TREASURY 00% US TREASURY 4.0% US TREASURY 2. 125% US TREASURY 4.50% US TREASURY 2.625% US TREASURY 2.8750% US TREASURY 2.8750% US TREASURY 2.750% US TREASURY 2.750% US TREASURY 2.00% US TREASURY 1.50% PAR VALUE 2,000,000.00 2,000,000.00 3,000,000.00 3,000,000.00 3,000,000.00 279,511,000.00 2,000,000.00 1,000,000.00 1,000,000.00 2,000,000.00 1,000,000.00 2,000,000.00 2,000,000.00 2,000,000.00 13,000,000.00 292,511,000.00 2,000,000.00 3,000,000.00 5,000,000.00 2,000,000.00 4,000,000.00 2,000,000.00 4,000,000.00 5,000,000.00 3,000,000.00 2,000,000.00 3,000,000.00 2,000,000.00 1,000,000.00 3,000,000.00 2,000,000.00 3,000,000.00 5,000,000.00 3,000,000.00 3,000,000.00 3,000,000.00 2,000,000.00 3,000,000.00 2,000,000.00 3,000,000.00 5,000,000.00 INVESTED AMOUNT 2,000,000.00 2,000,000.00 3,234,480.00 3,000,000.00 3,000,000.00 284,740,366.77 1,997,240.00 997,329.44 956,370.00 1,889,240.00 916,713.56 1,826,280.00 1,818,680.00 1,793,820.00 12,195,673.00 296,936,039.77 1,996,693.33 2,996,799.17 4,994,866.67 1,997,315.00 3,995,860.00 1,995,905.56 3,994,540.00 4,992,669.44 3,035,156.25 2,019,531.25 3,128,320.31 2,025,000.00 1,010,312.50 3,033,867.19 1,991,806.11 3,093,164.06 5,069,531.25 3,114,140.63 3,069,492.19 3,076,875.00 2,040,781.25 3,077,578.13 2,042,343.75 3,052,031.25 5,062,500.00 RETURN RATE 3.500% 2.000% 2.595% 3.951% 3.163% 3.112% 0.274% 0.386% 2.200% 2.300% 2.710% 2.850% 3.000% 3.050% 2.132% 0.315% 0.233% 0.244% 0.274% 0.233% 0.340% 0.274% 0.294% 0.331% 0.262% 0.342% 0.411% 0.303% 0.369% 0.437% 0.382% 0.325% 0.452% 0.529% 0.469% 0.282% 0.501% 0.317% 0.537% 0.419% INTEREST 355,000.00 320,000.00 381,665.83 600,000.00 479,833.33 28,567,162.40 2,760.00 2,670.56 43,630.00 110,760.00 83,286.44 173,720.00 181,320.00 206,180.00 804,327.00 29,371,489.40 3,306.67 3,200.83 5,133.33 2,685.00 4,140.00 4,094.44 5,460.00 7,330.56 28,593.75 2,775.38 7,425.55 7,173.91 1,861.41 9,165.60 8,193.89 10,114.63 12,754.76 13,155.57 17,911.66 15,331.49 4,531.25 17,684.30 5,631.79 19,444.16 24,524.46 INVESTMENT RETURN 2,355,000.00 2,320,000.00 3,616,145.83 3,600,000.00 3,479,833.33 313,307,529.17 2,000,000.00 1,000,000.00 1,000,000.00 2,000,000.00 1,000,000.00 2,000,000.00 2,000,000.00 2,000,000.00 13,000,000.00 326,307,529.17 2,000,000.00 3,000,000.00 5,000,000.00 2,000,000.00 4,000,000.00 2,000,000.00 4,000,000.00 5,000,000.00 3,063,750.00 2,022,306.63 3,135,745.86 2,032,173.91 1,012,173.91 3,043,032.79 2,000,000.00 3,103,278.69 5,082,286.01 3,127,296.20 3,087,403.85 3,092,206.49 2,045,312.50 3,095,262.43 2,047,975.54 3,071,475.41 5,087,024.46 TERM (Days) 1,826 1,826 1,714 1,826 1,825 1,156 184 253 744 908 1,178 1,171 1,166 1,314 865 2,021 192 167 154 179 162 220 182 182 240 193 255 293 221 299 343 314 282 344 405 390 287 421 318 435 424 INVESTMENT REPORT AS OF OCTOBER 31, 2009 INVESTMENT DATE 10/01/2009 10/19/2009 10/19/2009 10/28/2009 09/24/2009 10/28/2009 09/02/2009 11/10/2008 11/12/2008 03/02/2009 01/30/2008 01/31/2008 04/09/2008 12/15/2008 03/19/2008 11/01/2007 03/19/2008 02/03/2006 01/31/2008 03/16/2007 10/11/2007 09/28/2007 02/17/2006 03/30/2006 06/20/2006 04/19/2006 06/12/2006 04/16/2007 04/21/2009 05/21/2007 04/02/2009 05/30/2008 05/30/2008 05/12/2009 05/29/2007 08/14/2009 04/28/2009 08/17/2009 03/20/2007 10/11/2007 ~ 11/15/2007 X 05/12/2009 TYPE TR TR TR TR TR TR TR TR TR CD CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN SECURITY US TREASURY 0.875% US TREASURY 0.875% US TREASURY 0.875% US TREASURY 0.875% US TREASURY 1.1250% US TREASURY 1.1250% US TREASURY 1.25% US TREASURY 3.125% US TREASURY 3.125% SUB-TOTAL WELLS FARGO BANK 9218910637 SUB-TOTAL BERKSHIRHATWY 4.125% NON-CALL BERKSHIRHATWY 4.125% NON-CALL WELLS FARGO CO 4.2% NON-CALL TOYOTA 3.834% NON-CALL GOLDMAN SACHS 4.50% NON-CALL WAL-MART 4.125% NON-CAUL WAL-MART 4.125% NON-CALL US BANCORP 4.50% NON-CALL WELLS FARGO 4.625% NON-CALL WAL-MART 4.75% NON-CALL WAL-MART 4.75% NON-CALL NEW YORK LIFE 4.625% NON-CALL CITIGROUP 5.125% NON-CALL CITIGROUP 5.125% NON-CALL CITIGROUP 5.125% NON-CALL HOME DEPOT 5.20% NON-CALL GENERAL ELECTRIC 5.50% NON-CALL GENERAL ELECTRIC 5.50% NON-CALL TOYOTA FiN 5.375% NON-CALL TOYOTA 5.450% NON-CALL ROYAL BANK OF CANADA 5.65% NON-CALL WELLS FARGO CO 5.30% NON-CALL GENWORTH GLOBAL 5.375% NON-CALL MET LIFE GLOBAL FUNDING 5.125% NON-CAL GENERAL ELECTRIC 5.50% CALL 11/15/08 SUNTRUST BANK 3.0% NON-CALL CITIGROUP 2.875% NON-CALL TOYOTA 5.25% NON-CALL GENERAL ELECTRIC 5.875% NON-CALL GENERAL ELETRIC 5.875% NON-CALL GENERAL ELETRIC 5.875% NON-CALL CHEVRON 3.450% NON-CALL PAR VALUE 3,000,000.00 3,000,000.00 3,000,000.00 3,000,000.00 4,000,000.00 3,000,000.00 5,000,000.00 1,000,000.00 1,000,000.00 101,000,000.00 33,000.00 33,000.00 2,000,000.00 2,000,000.00 1,000,000.00 1,000,080.00 1,000,000.00 1,000,000.00 2,000,000.00 3,000,000.00 2,000,000.00 3,000,000.00 2,000,000.00 1,000,000.00 5,000,000.00 2,000,000.00 2,000,000.00 3,000,000.00 3,000,000.00 3,000,000.00 2,000,000.00 4,000,000.00 1,000,000.00 1,000,000.00 2,000,000.00 1,000,000.00 1,850,000.00 2,000,000.00 2,000,000.00 2,250,000.00 5,956,000.00 3,000,000.00 2,000,000.00 3,000,000.00 INVESTED AMOUNT 3,014,531.25 3,012,656.25 3,011,718.75 3,008,320.31 4,018,593.75 3,018,398.44 5,048,828.13 1,031,328.00 1,030,781.25 102,102,236.42 33,000.00 33,000.00 2,040,548.16 2,038,582.81 1,018,383.81 997,777.82 1,025,648.53 991,910.00 2,060,389.92 2,952,150.09 2,063,614.72 3,002,689.16 1,993,580.00 987,620.00 5,000,000.00 1,991,793.10 1,969,446.60 2,974,590.00 3,006,145.34 3,048,646.38 2,078,000.00 4,054,280.00 1,066,260.00 1,032,919.79 2,016,628.76 1,020,480.00 1,850,000.00 2,066,260.00 2,060,840.00 2,427,570.00 6,187,688.40 3,089,347.40 2,089,414.35 3,103,177.11 RETURN RATE 0.509% 0.544% 0.587% 0.699% 0.859% 0.755% 0.461% 2.430% 2.452% 0.460% 0.900% 0.900% 3.050% 3.100% 3.120% 4.000% 3.300% 4.448% 2.750% 4.900% 3.300% 4.720% 4.870% 5.090% 5.125% 5.220% 5.500% 5.400% 5.450% 5.050% 3.372% 5.070% 2.659% 4.200% 5.100% 4.250% 5.500% 1.500% 1 .680% 1 .800% 4.970% 5.100% 4.700% 2.180% INTEREST 20,421.20 21,012.23 24,103.07 33,421.49 60,889.95 38,096.13 28,869.96 118,792.86 121,777.13 709,008.41 620.00 620.00 121,014.34 122,750.52 55,816.19 34,892.59 75,101.47 118,090.00 127,985.08 653,849.91 169,690.84 483,790.01 276,642.22 145,734.17 1,279,114.58 507,609.68 507,178.40 784,610.00 798,687.99 616,853.62 142,375.00 815,903.33 63,690.00 138,741.32 344,093.46 107,217.92 453,918.06 69,073.33 89,458.61 99,695.62 1,483,867.09 676,360.93 409,960.65 187,485.39 INVESTMENT RETURN 3,034,952.45 3,033,668.48 3,035,821.82 3,041,741.80 4,079,483.70 3,056,494.57 5,077,698.09 1,150,120.86 1,152,558.38 102,811,244.83 33,620.00 33,620.00 2,161,562.50 2,161,333.33 1,074,200.00 1,032,670.41 1,100,750.00 1,110,000.00 2,188,375.00 3,606,000.00 2,233,305.56 3,486,479.17 2,270,222.22 1,133,354.17 6,279,114.58 2,499,402.78 2,476,625.00 3,759,200.00 3,804,833.33 3,665,500.00 2,220,375.00 4,870,183.33 1,129,950.00 1,171,661.11 2,360,722.22 1,127,697.92 2,303,918.06 2,135,333.33 2,150,298.61 2,527,265.62 7,671,555.49 3,765,708.33 2,499,375.00 3,290,662.50 TERM (Days) 487 469 497 580 644 610 454 1,755 1,783 417 365 365 716 715 646 519 818 973 834 1,637 921 1,248 1,039 1,053 1,823 1,782 1,700 1,777 1,781 1,473 748 1,458 839 1,183 1,203 911 1,631 824 955 857 1,793 1,588 1,553 1,026 INVESTMENT REPORT AS OF OCTOBER 31, 2009 INVESTMENT DATE 05/05/2009 04/21/2009 04/23/2009 04/30/2008 08/31/2007 05/30/2008 07/17/2008 08/31/2007 10/31/2007 11/23/2007 01/30/2008 04/24/2008 05/07/2008 05/12/2009 05/30/2008 05/09/2008 12/23/2008 05/12/2009 06/26/2009 05/29/2009 TYPE CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN 0 O O O O O O O SECURITY BARCLAYS BANK 2.7% NON-CALL BERKSHIRHATWY4.00% NON-CALL BERKSHIRHATWY 4.00% NON-CALL PRINCIPAL LIFE INC 4.5% NON-CALL GENERAL ELECTRIC 6.00% NON-CALL GENERAL ELECTRIC 6.00% NON-CALL PROTECTIVE LIFE 5.050% NON-CALL JOHNSON & JOHNSON 5.15% NON-CALL GENERAL ELECTRIC 5.250% NON-CALL GENERAL ELECTRIC 5.250% NON-CALL WELLS FARGO 5.250% NON-CALL MET LIFE GLOBAL FUNDING 5 MET LIFE GLOBAL FUNDING 5 WAL-MART 4.250% NON-CALL ALLSTATE LIFE 5.375% NON-CALL NEW YORK LIFE 4.650% NON-CALL BERKSHIRHATWY 4.60% NON-CALL 3 M 4.375% NON-CALL PROTER & GAMBLE 4.60% NON-CALL WAL-MART 3.20% NON-CALL WELLS FARGO BANK CORPORATE CASH MANAGEMENT ACCOUNT LIBRARY ACCOUNT UNION TRUST L A I F WATER DISTRICT L A I F PUBLIC IMPROVEMENT L A I F PUBLIC FINANCING CORPORATION L A I F CITY OF CARLSBAD ,LL LL ML CALL CALL ALL vl-CALL I-CALL I-CALL i% NON-CAL i% NON-CAL _L 1L ALL SUB-TOTAL T ACCOUNT RPORATION )RATION SUB-TOTAL PAR VALUE 1,575,000.00 1,000,000.00 2,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 3,000,000.00 1,000,000.00 2,000,000.00 2,000,000.00 1,000,000.00 1,000,000.00 2,000,000.00 1,000,000.00 2,000,000.00 1,000,000.00 1,000,000.00 2,000,000.00 5,000,000.00 1,000,000.00 104,631,080.00 378,368.00 2,498,317.97 733.42 (37,457.38) 11,085,000.00 3,501,038.82 4,941,060.45 16,274,570.40 38,641,631.68 INVESTED AMOUNT 1,590,861.34 1,022,563.95 2,039,340.00 1,000,000.00 1,033,437.31 1,052,958.51 3,000,000.00 1,017,457.28 2,036,663.70 2,065,283.50 1,042,814.41 1,003,232.48 2,019,402.04 1,047,829.91 2,023,559.81 1,006,649.66 1,023,835.68 2,121,417.76 5,246,650.00 1,003,190.00 106,703,529.59 378,368.00 2,498,317.97 733.42 (37,457.38) 11,085,000.00 3,501,038.82 4,941,060.45 16,274,570.40 38,641,631.68 RETURN RATE 2.330% 3.200% 3.300% 4.500% 5.200% 4.550% 5.050% 4.750% 4.830% 4.500% 4.240% 5.050% 4.900% 2.950% 5.100% 4.500% 4.000% 2.850% 3.420% 3.130% 4.195% 0.100% 0.100% 0.000% 0.150% 0.630% 0.630% 0.630% 0.630% 0.591% INTEREST 104,626.16 96,769.38 198,882.22 178,375.00 253,896.02 189,541.49 605,158.33 237,753.83 484,836.30 449,799.83 205,539.76 251,024.46 485,410.46 118,982.59 504,981.86 225,850.34 177,542.10 251,186.41 800,488.89 155,565.56 17,937,463.31 1.04 6.84 - (0.16) 193.99 61.27 86.47 284.80 634.25 INVESTMENT RETURN 1,695,487.50 1,119,333.33 2,238,222.22 1,178,375.00 1,287,333.33 1,242,500.00 3,605,158.33 1,255,211.11 2,521,500.00 2,515,083.33 1,248,354.17 1,254,256.94 2,504,812.50 1,166,812.50 2,528,541.67 1,232,500.00 1,201,377.78 2,372,604.17 6,047,138.89 1,158,755.56 124,640,992.90 378,369.04 2,498,324.81 733.42 (37,457.54) 11,085,193.99 3,501,100.09 4,941,146.92 16,274,855.20 38,642,265.93 TERM (Days) 1,035 1,090 1,088 1,447 1,750 1,477 1,459 1,811 1,815 1,792 1,728 1,812 1,799 1,434 1,796 1,826 1,604 1,556 1,664 1,812 1,343 1 1 1 1 1 1 1 1 GRAND TOTAL 536,816,711.68 544,416,437.46 2.626% 18,899,575.61 592,435,652.83 EXHIBIT 8 CITY OF CARLSBAD Fund Equity in Pooled Investments AS OF OCTOBER 31, 2009 Cash Balance by Fund: General 57,533,024 Special Revenue 46,272,377 Debt Service 5,509,570 Capital Projects: General Capital Construction 65,241,969 Traffic Impact Fees 17,421,676 Public Facilities Fees 43,299,130 Park Development 2,332,052 Transnet Taxes 6,193,549 Drainage Fees 8,277,108 Special Districts 74,026,164 Infrastructure Replacement 53,514,671 Other Capital Construction 856,794 Total 271,163,112 Enterprise: Carlsbad Municipal Water District 64,434,155 Sewer Fund 50,801,928 Solid Waste 7,040,176 Storm Water 2,044,281 Golf Course 256,457 Total 124,576,997 Internal Service 26,908,626 Agency Funds 11,918,455 Redevelopment Funds (1) 0 Misc. Special Funds 0 Total General Ledger Balance ** 543,882,163 Reconciling Adjustments (2) (2,307,243) Total Treasurer's Investment Portfolio at Amortized Cost 541,574,919 (1) Redevelopment Fund Balances are interspersed throughout all funds. (2) The Reconciling Adjustments consist of differences between the General Ledger which is prepared on an accrual basis and the Treasurer's report which is prepared on the cash basis. Accrued Interest, amortized premium or discounts and outstanding checks and deposits in transit are not included in the Treasurer's summary. Differences between the time journal entries are posted and the time this report is produced may also be a component of the adjustment. ** Figures based on best estimate at the time report run on 11/0609 EXHIBIT 9 CITY OF CARLSBAD INVESTMENT PORTFOLIO As of October 31, 2009 CORPORATE NOTE AND COMMERCIAL PAPER RATINGS Corporate Note Investments Meeting the Current Investment Policy: (Ratings must be AA or better by both Moody's and S&P) Moody's S&P AAA AA2 AA1 AA2 AAA AA2 AAA AA3 AAA AAA AA2 AA1 AA3 AA2 AAA AAA AA AA+ AAA AA- AAA AA- AA- AAA AA- AA AA AA BARCLAYS BANK BERKSHIRE HATHAWAY CHEVRON GENERAL ELECTRIC JOHNSON & JOHNSON MET LIFE GLOBAL NEW YORK LIFE PROCTER & GAMBLE ROYAL BANK OF CANADA SUNTRUST BANK 3M TOYOTA US BANCORP WAL-MART Commercial Paper Investments Meeting the Current Investment Policy: (Ratings must be A1/P1 or better by both Moody's and S&P) (Ratings of other debt must be AA or better by Moody's and S&P) NONE Investments with Subsequent Changes in Credit Rating * ALL STATE LIFE CITIGROUP GENWORTH GLOBAL GOLDMAN SACHS HOME DEPOT PRINCIPAL LIFE PROTECTIVE LIFE WELLS FARGO * The City's Investment Policy allows the City Treasurer to determine the course of action that would correct exceptions to the policy. All of these investments are paying interest at the required times. The principal of all investments are considered secure. It is the intent of the City Treasurer to hold these assets in the portfolio until maturity unless events indicate they should be sold. Moody's A1 A3 A2 A1 BAA1 AA3 A2 A1 S&P AA- A A A BBB+ A+ AA- AA Purchased 05/30/2008 06/20/2006 05/07/2008 03/19/2008 06/12/2006 04/30/2008 07/17/2008 01/30/2008 Carrying Value 2,016,758 11,038,391 2,009,278 1,007,128 2,993,038 1,000,000 3,000,000 5,067,059 Market Value 2,147,320 11,378,960 2,050,340 1,022,110 3,133,950 1,025,690 2,930,700 5,199,420 17 CITY OF CARLSBAD INVESTMENT PORTFOLIO AS OF OCTOBER 31, 2009 WEIGHTINGS FOR CORPORATE AND FEDERAL AGENCY ISSUERS EXHIBIT 10 PERCENTAGE WEIGHTINGS BY CORPORATE NOTE ISSUER ALL STATE LIFE BARCLAYS BANK BERKSHIRE HATHAWAY CHEVRON CITIGROUP GENERAL ELECTRIC CAP GENWORTH GLOBAL GOLDMAN SACHS HOME DEPOT JOHNSON & JOHNSON MET LIFE GLOBAL FUND NEW YORK LIFE PRINCIPAL LIFE PROCTER & GAMBLE PROTECTIVE LIFE ROYAL BANK OF CANADA SUNTRUST BANK 3M TOYOTA US BANKCORP WAL-MART WELLS FARGO PERCENTAGE WEIGHTINGS BY FEDERAL AGENCY ISSUER FAMCA FICO FEDERAL FARM CREDIT BANK FEDERAL HOME LOAN BANK DISCOUNT NOTE FEDERAL HOME LOAN BANK FEDERAL HOME LOAN MORTGAGE CORP FEDERAL NATIONAL MORTGAGE ASSOC TVA U.S.TREASURY Total Portfolio * No more than 5% may be invested with a single corporate issuer. "There are no percentage limits on federal agency issuers. Investment Cost 2,023,559.81 1,590,861.34 8,164,870.82 3,103,177.11 11,022,079.70 25,459,584.89 2,016,628.76 1,025,648.53 2,974,590.00 1,017,457.28 4,043,114.52 1,994,269.66 1,000,000.00 5,246,650.00 3,000,000.00 1 ,066,260.00 2,066,260.00 2,121,417.76 9,557,627.82 2,952,150.09 10,099,588.99 5,157,732.51 ENCY ISSUER Investment Cost 6,868,837.32 9,201,103.56 42,076,605.45 2,994,569.44 143,985,353.78 52,086,793.66 34,192,298.08 5,530,478.48 102,102,236.42 Percent of Portfolii 0.37% 0.29% 1.50% 0.57% 2.02% 4.68% 0.37% 0.19% 0.55% 0.19% 0.74% 0.37% 0.18% 0.96% 0.55% 0.20% 0.38% 0.39% 1.76% 0.54% 1.86% 0.95% Percent of Portfolio** 1 .26% 1 .69% 7.73% 0.55% 26.45% 9.57% 6.28% 1 .02% 18.75% $544,416,437.46 CITY OF CARLSBAD - AGENDA BILL 11 AB# MTG. DEPT. 20.052 12/01/09 PLN COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO THE CARLSBAD RANCH SPECIFIC PLAN AMENDMENT SP 207(H) DEPT. HEAD Q//^ CITY ATTY. c3^- CITY MGR. (/A-- CS-069 , APPROVING amendments RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No. to the Carlsbad Ranch Specific Plan SP 207(H). ITEM EXPLANATION: Staff requests that the City Council approve an amendment to the Carlsbad Ranch Specific Plan. The amendment is recommended in response to suggested modifications made by the California Coastal Commission to a previously approved Specific Plan Amendment and Local Coastal Program Amendment (SP 207(H)/LCPA 08-01). On March 17, 2009, the City Council adopted CS-025 approving a Specific Plan Amendment to the Carlsbad Ranch Specific Plan. On October 9, 2009, the California Coastal Commission approved the City's Local Coastal Program (LCP) Amendment application to amend the Carlsbad Ranch Specific Plan to add hotel and accessory uses to the Legoland Theme Park, revise the parking rates for theme parks and gyms, and reflect the street name change to The Crossings Drive. However, the Coastal Commission's approval of the LCP Amendment application included suggested modifications, which the City must accept before the amendments become effective. The modifications add text to the Specific Plan to encourage alternative transportation modes in the form of public transit service or private shuttles for guest and employees of Legoland to and from transit centers, and to provide incentives (i.e transit passes, rideshare programs, preferred parking for carpooling) for alternative transportation for employees of Legoland. Also included is a prohibition on hotel conversions to limited use overnight visitor accommodations (fractional hotel, condominium hotel and/or timeshare facility) and required daily monitoring, by Legoland, of vehicles entering Legoland and the production of an annual parking report. Exhibits 35, 38, and 39 for the Carlsbad Ranch Specific Plan are also revised to reflect the most current development plan for the Legoland California Theme Park. FISCAL IMPACT: The only anticipated fiscal impact to the City would be from staff time required to complete the processing of the Coastal Commission's suggested modifications. Development DEPARTMENT CONTACT: Van Lynch 760-602-4613 van.lynch(5)carlsbadca.qov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D Dnn Page 2 application fees are collected to process future development proposals subject to the amended regulations. ENVIRONMENTAL IMPACT: Staff conducted an environmental impact assessment to determine if the project could have a potentially significant effect on the environment pursuant to CEQA Guidelines and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. Potentially significant cultural resources, geology, noise and traffic impacts were identified. The developer has agreed to mitigation measures to reduce the identified impacts to below a level of significance in accordance with CEQA. In consideration of the foregoing, the Planning Director issued a Notice of Intent to Adopt a Mitigated Negative Declaration for the project on December 5, 2008 which was publicly noticed for 30 days. The City Council adopted the Mitigated Negative Declaration by Resolution No. 2009-047 on March 17, 2009. EXHIBITS: 1. City Council Ordinance No. CS-069 2. Exhibits 33, 38, and 39 of the Carlsbad Ranch Specific Plan 3. Redline version of Ordinance indicating suggested changes. 1 ORDINANCE NO. CS-069 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A SPECIFIC 3 PLAN AMENDMENT AND LOCAL COASTAL PROGRAM 4 AMENDMENT TO REVISE THE CARLSBAD RANCH SPECIFIC PLAN ACCEPTING THE CALIFORNIA 5 COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO ENCOURAGE ALTERNATIVE 6 TRANSPORTATION MODES, PRECLUDE HOTEL CONVERSIONS, AND MONITOR PARKING. 7 CASE NAME: LEGOLAND HOTEL CALIFORNIA CASE NO.: SP 207(H)/LCPA 08-01 8 9 WHEREAS, the Planning Commission did on January 21, 2009 hold a duly 10 noticed public hearing as prescribed by law to consider Specific Plan Amendment (SP 11 207(H) and Local Coastal Program Amendment (LCPA 08-01) to amend the text of the 12 Carlsbad Ranch Specific Plan to add hotel and accessory uses to the Legoland Theme 13 Park, revise the parking rates for theme parks and gyms within the Carlsbad Ranch 14 Specific Plan, and reflect the street name change to The Crossings Drive; and WHEREAS, the Planning Commission adopted Planning Commission 16 Resolutions No. 6525 and 6526 recommending to the City Council approval of SP 17 207(H) and LCPA 08-01; and 18 WHEREAS, the City Council did on March 10, 2009, hold a duly noticed 20 public hearing as prescribed by law to consider said SP 207(H) and LCPA 08-01, and 21 introduced Ordinance No. CS-025 to approve SP 207(H), and adopted Resolution No. 22 2009-047, approving LCPA 08-01, the effective date of which was subject to the 23 California Coastal Commission's approval of said LCPA; and 24 WHEREAS, the City Council did on March 17, 2009, adopt Ordinance No. 25 CS-025, approving SP 207(H), the effective date of which was subject to the California 26 Coastal Commission's approval of LCPA 08-01; and 27 28 1 WHEREAS, on October 9, 2009, the California Coastal Commission 2 approved LCPA 08-01 with suggested modifications; and 3 WHEREAS, the City Council did on December , 2009, hold a 4 duly noticed public hearing as prescribed by law to consider said SP 207(H) and LCPA 5 08-01, and 6 WHEREAS, accepting and administering the California Coastal 7 Commission's suggested modifications, as set forth in this ordinance, is necessary to o 9 comply with the California Coastal Act and California Administrative Code. 10 NOW, THEREFORE, the City Council of the City of Carlsbad, California 11 does ordain as follows: 12 1. Add the following language to Development Standards and Design Guidelines, Section E - Planning Area 4, Subsection 2 - Development Standards, as a new Section "c" as follows: 14 c. Uses not permitted within Legoland Carlsbad are as follows: Hotel Conversions. Any hotel rooms within Planning Area 4 of the Carlsbad 16 Ranch Specific Plan shall not be converted to a limited use overnight visitor accommodation. 17 2. Add the following language to Development Standards and Design 18 Guidelines, Section E - Planning Area 4, Subsection 2.e - Parking Standards, as follows: 20 Directed parking may be necessary during certain peak season days. A requirement for directed parking would be based on the final design of the parking lot and determined if 21 necessary at the time of the Site Development Plan review. Legoland shall monitor the number of vehicles entering Legoland on a daily basis, and combine the data collected 22 through such monitoring to produce annual parking reports. Such reports shall be submitted for review by the City and the Coastal Commission in association with any 23 request to modify the certified parking standards or any proposed alternative transportation plan. -, 3. Add the following language to Development Standards and Design Guidelines, Section E - Planning Area 4, Subsection 2 - Development 26 Standards, as a new Section "h" as follows: 27 h. Alternative Transit 28 -2- 1 The City and Legoland shall actively encourage convenient alternatives to automobile use throughout the Carlsbad Ranch and surrounding coastal areas including 2 the Poinsettia Station and the Carlsbad Village Transit Center by implementing the following measures: 4 • The City shall encourage transit operators to provide low-cost transit service from Legoland Hotel and Legoland Park to beaches and visitor-serving areas, as well as 5 major transit stations, and to provide such transit service within walking distance of Legoland Park, especially throughout the summer. Such encouragement should 6 include, at a minimum, joint advertising of such services by Legoland and the City. 7 • If daily public transit service is not available, Legoland shall provide shuttle service to all Legoland Hotel and Legoland Park guests, as well as Legoland employees, providing transportation from the Poinsettia Station and the Carlsbad 9 Village Transit Center on a regular schedule including at least two times each morning, with scheduled returns every afternoon. If after a minimum two-year period, the City 10 has documentation that such a service is not being utilized by the public, an amendment to this LCP policy may be considered. Transit opportunities shall be advertised on the 11 Legoland website explaining to all patrons how to make best use of transit when arriving at either the Poinsettia Station or the Carlsbad Village Transit Center. 12 13 • In order to minimize energy consumption and vehicle miles traveled and provide substitute means of serving development with public transportation, Legoland shall 14 provide incentives for alternative transit use such as providing employee transit passes or subsidies, ridesharing programs, preferred parking for carpooling, company bulletin 15 boards for use of organizing carpools, employee bike racks, and on-site shower facilities. 16 4. Modify Figures 35, 38, and 39 in the Carlsbad Ranch Specific Plan to 17 reflect the most current development configuration at the Legoland California Theme Park. lo 19 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 20 adoption. The City Clerk shall send notice to the California Coastal Commission of the 21 acceptance of modifications by this ordinance, and the City Clerk shall certify to the 22 adoption of this ordinance and cause it to be published at least once in a publication of •£*J 24 general circulation in the City of Carlsbad within fifteen days after its adoption. 25 /// 26 /// 27 /// 28 -3- 1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad 2 City Council on the day of 2009, and thereafter. 3 PASSED AND ADOPTED at a regular meeting of the City Council of the 4 City of Carlsbad on the day of 2009, by the following vote, to 5 wit: 6 AYES: 7 NOES:8 9 ABSENT: 10 ABSTAIN: 11 12 APPROVED AS TO FORM AND LEGALITY 13 14 15 RONALD R. BALL, City Attorney 16 17 „ CLAUDE A. LEWIS, Mayor 18 19 ATTEST: 20 21 22 LORRAINE M. WOOD, City Clerk 23 (SEAL) 24 25 26 27 28 -4- EXHIBIT 2 LEGOLAND CALIFORNIA INNER PARK W«2 N 200' 400' Figure 33 LEGOLAND Parking Standards 3,103 spaces 20 spaces 600 spaces 1.2 spaces per room 1 space per 100 sf Park - Autos Park - RV's Employee Hotel Restaurant (if over 4,000 sf) 40+1 space per 50 sf Retail 1 space per 300 sf Figure 38 LEGOLAND Carlsbad - PARKING CONCEPT PLAN 0 50' 200'400' DETAIL A Illustrative Plan - Parking Geometries NOTE: 182 41 PER SPACE TYP. t ONEWAY 19' AISLE ft-2'CLEAR FOR OVERHANG WASTE SPACE ONIEWAY PEDESTRIAN PATH ALONG SPINE ROAD DETAIL B Pedestrian Spine with Seating Pockets (Details to be resolved with City at the time of Site Development Plan review") Figure 39 LEGOLAND Carlsbad-PARKlNG GEOMETRICS DETAIL C Parking Lot Planting Islamd (900 Sq. FL) DETAILD Continuous Landscape Plaanting Strip 126 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A SPECIFIC 3 PLAN AMENDMENT AND LOCAL COASTAL PROGRAM 4 AMENDMENT TO REVISE THE CARLSBAD RANCH SPECIFIC PLAN ACCEPTING THE CALIFORNIA 5 COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO ENCOURAGE ALTERNATIVE 6 TRANSPORTATION MODES, PRECLUDE HOTEL CONVERSIONS, AND MONITOR PARKING. 7 CASE NAME: LEGOLAND HOTEL CALIFORNIA CASE NO.: SP 2Q7(HVLCPA 08-01 8 9 WHEREAS, the Planning Commission did on January 21, 2009 hold a duly 10 noticed public hearing as prescribed by law to consider Specific Plan Amendment (SP 11 207(H) and Local Coastal Program Amendment (LCPA 08-01) to amend the text of the 12 Carlsbad Ranch Specific Plan to add hotel and accessory uses to the Legoland Theme 13 Park, revise the parking rates for theme parks and gyms within the Carlsbad Ranch 14 Specific Plan, and reflect the street name change to The Crossings Drive; and 15 WHEREAS, the Planning Commission adopted Planning Commission 16 Resolutions No. 6525 and 6526 recommending to the City Council approval of SP 17 207(H) and LCPA 08-01; and 18 WHEREAS, the City Council did on March 10, 2009, hold a duly noticed 2Q public hearing as prescribed by law to consider said SP 207(H) and LCPA 08-01, and 21 introduced Ordinance No. CS-025 to approve SP 207(H), and adopted Resolution No. 22 2009-047, approving LCPA 08-01, the effective date of which was subject to the 23 California Coastal Commission's approval of said LCPA; and 24 WHEREAS, the City Council did on March 17, 2009, adopt Ordinance No. 25 CS-025, approving SP 207(H), the effective date of which was subject to the California 26 Coastal Commission's approval of LCPA 08-01; and 27 28 1 WHEREAS, on October 9, 2009, the California Coastal Commission 2 approved LCPA 08-01 with suggested modifications; and 3 WHEREAS, the City Council did on December , 2009, hold a 4 duly noticed public hearing as prescribed by law to consider said SP 207(H) and LCPA 5 08-01, and 6 WHEREAS, accepting and administering the California Coastal 7 Commission's suggested modifications, as set forth in this ordinance, is necessary to o 9 comply with the California Coastal Act and California Administrative Code. 10 NOW, THEREFORE, the City Council of the City of Carlsbad, California 11 does ordain as follows: 12 1. Add the following language to Development Standards and Design Guidelines, Section E - Planning Area 4, Subsection 2 - Development Standards, as a new Section "c" as follows: 14 c. Uses not permitted within Legoland Carlsbad are as follows: Hotel Conversions. Any hotel rooms within Planning Area 4 of the Carlsbad 16 Ranch Specific Plan shall not be converted to a limited use overnight visitor accommodation. 17 2. Add the following language to Development Standards and Design 18 Guidelines, Section E - Planning Area 4, Subsection 2.e - Parking Standards, as follows: 20 Directed parking may be necessary during certain peak season days. A requirement for directed parking would be based on the final design of the parking lot and determined if 21 necessary at the time of the Site Development Plan review. Legoland shall monitor the number of vehicles entering Legoland on a daily basis, and combine the data collected 22 through such monitoring to produce annual parking reports. Such reports shall be submitted for review by the City and the Coastal Commission in association with any 23 request to modify the certified parking standards or any proposed alternative transportation plan. 3. Add the following language to Development Standards and Design Guidelines, Section E - Planning Area 4, Subsection 2 - Development 26 Standards, as a new Section "h" as follows: 27 h. Alternative Transit 28 -2- 1 The City and Legoland shall actively encourage convenient alternatives to automobile use throughout the Carlsbad Ranch and surrounding coastal areas including 2 the Poinsettia Station and the Carlsbad Village Transit Center by implementing the following measures: 4 • The City shall encourage transit operators to provide low-cost transit service from Legoland Hotel and Legoland Park to beaches and visitor-serving areas, as well as 5 major transit stations, and to provide such transit service within walking distance of Legoland Park, especially throughout the summer. Such encouragement should 6 include, at a minimum, joint advertising of such services by Legoland and the City. 7 • If daily public transit service is not available. Legoland shall provide shuttle service to all Legoland Hotel and Legoland Park guests, as well as Legoland employees, providing transportation from the Poinsettia Station and the Carlsbad 9 Village Transit Center on a regular schedule including at least two times each morning, with scheduled returns every afternoon. If after a minimum two-year period, the City 10 has documentation that such a service is not being utilized by the public, an amendment to this LCP policy may be considered. Transit opportunities shall be advertised on the 11 Legoland website explaining to all patrons how to make best use of transit when arriving at either the Poinsettia Station or the Carlsbad Village Transit Center. 12 • In order to minimize energy consumption and vehicle miles traveled and provide substitute means of serving development with public transportation, Legoland shall 14 provide incentives for alternative transit use such as providing employee transit passes or subsidies, ridesharing programs, preferred parking for carpooling, company bulletin 15 boards for use of organizing carpools, employee bike racks, and on-site shower facilities. 16 4. Modify Figures 35, 38, and 39 in the Carlsbad Ranch Specific Plan to 17 reflect the most current development configuration at the Legoland California Theme Park.1 o 19 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 20 adoption. The City Clerk shall send notice to the California Coastal Commission of the 21 acceptance of modifications by this ordinance, and the City Clerk shall certify to the 22 adoption of this ordinance and cause it to be published at least once in a publication of 24 general circulation in the City of Carlsbad within fifteen days after its adoption. 25 /// 26 /// 27 /// 28 -3- 1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad 2 City Council on the day of 2009, and thereafter. 3 PASSED AND ADOPTED at a regular meeting of the City Council of the 4 City of Carlsbad on the day of 2009, by the following vote, to 5 wit: 6 AYES: 7 NOES:8 9 ABSENT: 10 ABSTAIN: 11 12 APPROVED AS TO FORM AND LEGALITY 13 14 15 RONALD R. BALL, City Attorney 16 17 „ CLAUDE A. LEWIS, Mayor 18 19 ATTEST: 20 21 22 LORRAINE M. WOOD, City Clerk 23 (SEAL) 24 25 26 27 28 -4- CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL AB# 704 MTG. 12/01/09 DEPT. Clerk AMENDING WATER CONSERVATION PROGRAM DEPT. HEAD *£ •) CITYATTY. f-J~ CITY MGR. RECOMMENDED ACTION: Adopt Ordinance No. 46, amending Water Conservation Ordinance No. 44, to authorize the General Manager to set watering schedules in Drought Response Level 2 and Drought Response Level 3. ITEM EXPLANATION: Ordinance No. 46 was introduced and first read at the Special Meeting of the Carlsbad Municipal Water District Board held on November 10, 2009. The second reading allows the Board to adopt the ordinance, which will become effective in thirty (30) days. The District Secretary will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See Agenda Bill No. 703 on file in the Office of the District Secretary. EXHIBITS: 1. CMWD Ordinance No. 46 DEPARTMENT CONTACT: Karen R. Kundtz (760) 434-2808, Karen.Kundtz@carlsbadca.gov FOR SECRETARY USE ONLY. BOARD ACTION: APPROVED D DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D EXHIBIT 1 1 ORDINANCE NO. 46 2 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE 3 CARLSBAD MUNICIPAL WATER DISTRICT AMENDING ORDINANCE NO. 44. 4 5 WHEREAS, article 10, section 2 of the California Constitution declares that waters of the 6 State are to be put to beneficial use, that waste, unreasonable use, or unreasonable method of 7 use of water be prevented, and that water be conserved for the public welfare; and 8 WHEREAS, conservation of current water supplies and minimization of the effects of water supply shortages that are the result of drought are essential to the public health, safety and welfare; and ,.. WHEREAS, regulation of the time of certain water use, manner of certain water use, design of rates, method of application of water for certain uses, installation and use of water- saving devices, provide an effective and immediately available means of conserving water; and I O WHEREAS, California Water Code sections 375 et seq. authorize water suppliers to14 adopt and enforce a comprehensive water conservation program; and I O WHEREAS, adoption and enforcement of a comprehensive water conservation program 16 will allow the Carlsbad Municipal Water District (CMWD) to delay or avoid implementing 17 measures such as water rationing or more restrictive water use regulations pursuant to a 18 declared water shortage emergency as authorized by California Water Code sections 350 et 19 seq.; and 20 WHEREAS, San Diego County is a semi-arid region and local water resources are 21 scarce. The region is dependent upon imported water supplies provided by the San Diego 22 County Water Authority, which obtains a substantial portion of its supplies from the Metropolitan 23 Water District of Southern California. Because the region is dependent upon imported water supplies, weather and other conditions in other portions of this State and of the Southwestern 25 United States affect the availability of water for use in San Diego County; and 26 WHEREAS, the San Diego County Water Authority has adopted an Urban Water 27 Management Plan that includes water conservation as a necessary and effective component of 28 the Water Authority's programs to provide a reliable supply of water to meet the needs of the Water Authority's 24 member public agencies, including the CMWD. The Water Authority's 2 Urban Water Management Plan also includes a contingency analysis of actions to be taken in 3 response to water supply shortages. This ordinance is consistent with the Water Authority's Urban Water Management Plan; and WHEREAS, as anticipated by its Urban Water Management Plan, the San Diego County Water Authority, in cooperation and consultation with its member public agencies, has adopted a Drought Management Plan, which establishes a progressive program for responding to water 8 supply limitations resulting from drought conditions. This ordinance is intended to be consistent 9 with and to implement the Water Authority's Drought Management Plan; and 10 WHEREAS, the Water Authority's Drought Management Plan contains three stages 11 containing regional actions to be taken to lessen or avoid supply shortages. This ordinance 12 contains drought response levels that correspond with the Drought Management Plan stages; 13 and 14 WHEREAS, the CMWD, due to the geographic and climatic conditions within its territory and its dependence upon water imported and provided by the San Diego County Water Authority, may experience shortages due to drought conditions, regulatory restrictions enacted upon imported supplies and other factors. The Board of Directors of CMWD has adopted an Urban Water Management Plan that includes water conservation as a necessary and effective component of its programs to provide a reliable supply of water to meet the needs of the public19 within its service territory. The CMWD's Urban Water Management Plan also includes a 20 contingency analysis of actions to be taken in response to water supply shortages. This 21 ordinance is consistent with the Urban Water Management Plan adopted by the Board of 22 Directors of CMWD; and 23 WHEREAS the water conservation measures and progressive restrictions on water use 24 and method of use identified by this ordinance provide certainty to water users and enable 25 CMWD to control water use, provide water supplies, and plan and implement water 26 management measures in a fair and orderly manner for the benefit of the public; 27 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad 28 Municipal Water District of the City of Carlsbad, California, as follows: 2 1. That the above recitations are true and correct. 3 2. The Board of Directors of the Carlsbad Municipal Water District of the City of 4 Carlsbad, California, hereby ordains as follows: 5 SECTION 7.0 DROUGHT RESPONSE LEVEL 2 - DROUGHT ALERT CONDITION 6 (a) A Drought Response Level 2 condition is also referred to as a "Drought Alert" condition. A 7 Level 2 condition may apply when the Water Authority notifies its member agencies that due to cutbacks caused by drought or other reduction in supplies, a consumer demand reduction of up g to 20 percent is required in order to have sufficient supplies available to meet anticipated demands. The CMWD Board of Directors shall declare the existence of a Drought Response g Level 2 condition and implement the mandatory Level 2 conservation measures identified in this ordinance. 10 (b) All persons using CMWD water shall comply with Level 1 Drought Watch water conservation 11 practices during a Level 2 Drought Alert, and shall also comply with the following additional conservation measures: 12 1. Limit residential and commercial landscape irrigation to assigned days per week on a 13 schedule established by the General Manager. Within five (5) days following the declaration of the response level, the CMWD shall publish a notice of the assigned days in one or more 14 newspapers, including a newspaper of general circulation within the CMWD. The CMWD may also post notice of the condition on its website. This section shall not apply to 15 commercial growers and nurseries. 16 2. Limit lawn watering and landscape irrigation using sprinklers to time limits per watering station per assigned day as established by the General Manager. Within five (5) days 17 following the declaration of the response level, the CMWD shall publish a notice of the assigned time limits in one or more newspapers, including a newspaper of general 18 circulation within the CMWD. The CMWD may also post notice of the condition on its website. This provision does not apply to landscape irrigation systems using water efficient 19 devices, including but not limited to: weather based controllers, drip/micro-irrigation systems and stream rotor sprinklers. 20 3. Water landscaped areas, including trees and shrubs located on residential and 21 commercial properties, and not irrigated by a landscape irrigation system governed by section 5 (b) (1), on the same schedule set forth in section 5 (b) (1) by using a bucket, hand- 22 held hose with positive shut-off nozzle, or low-volume non-spray irrigation. 23 4. Repair all leaks within seventy-two (72) hours of notification by the CMWD unless other arrangements are made with the General Manager or Designee. 24 5. Stop operating ornamental fountains or similar decorative water features unless recycled 25 water is used. 26 SECTION 8.0 DROUGHT RESPONSE LEVEL 3 - DROUGHT CRITICAL CONDITION 27 (a) A Drought Response Level 3 condition is also referred to as a "Drought Critical" condition. A 28 1 Level 3 condition may apply when the Water Authority notifies its member agencies that due to increasing cutbacks caused by drought or other reduction of supplies, a consumer demand 2 reduction of up to 40 percent is required in order to have sufficient supplies available to meet anticipated demands. The CMWD Board of Directors shall declare the existence of a Drought 3 Response Level 3 condition and implement the Level 3 conservation measures identified in this ordinance. 4 (b) All persons using CMWD water shall comply with Level 1 Drought Watch and Level 2 5 Drought Alert water conservation practices during a Level 3 Drought Critical condition and shall also comply with the following additional mandatory conservation measures: 6 1 . Limit lawn watering and landscape irrigation using sprinklers to time limits per 7 watering station per assigned day as established by the General Manager. Within five (5) days following the declaration of the response level, the CMWD shall publish a notice 8 of the assigned days in one or more newspapers, including a newspaper of general circulation within the CMWD. The CMWD may also post notice of the condition on its 9 website. This section shall not apply to commercial growers or nurseries. 10 2.Water landscaped areas, including trees and shrubs located on residential and commercial properties, and not irrigated by a landscape irrigation system governed by 1 1 section 6 (b) (1), on the same schedule set forth in section 6 (b) (1) by using a bucket, hand-held hose with a positive shut-off nozzle, or low-volume non-spray irrigation. 12 3. Stop filling or re-filling ornamental lakes or ponds, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to declaration of a drought response level under this ordinance. 16 4. Stop washing vehicles except at commercial carwashes that re-circulate water, or by high pressure/low volume wash systems. 5. Repair all leaks within forty-eight (48) hours of notification by the CMWD unless other ' arrangements are made with the General Manager or Designee. 1 R (c) Upon the declaration of a Drought Response Level 3 condition, no new potable water service shall be provided, no new temporary meters or permanent meters shall be provided, and no statements of immediate ability to serve or provide potable water service (such as, will serve letters, certificates, or letters of availability) shall be issued, except under the following circumstances: 21 1 . A valid, unexpired building permit has been issued for the project; or 22 2. The project is necessary to protect the public's health, safety, and welfare; or 23 3. The applicant provides substantial evidence of an enforceable commitment that water 24 demands for the project will be offset prior to the provision of a new water meter(s). 25 This provision shall not be construed to preclude the resetting or turn-on of meters to provide continuation of water service or to restore service that has been interrupted for a period of one 2Q year or less. 27 (d) Upon the declaration of a Drought Response Level 3 condition, the Board of Directors of CMWD will suspend consideration of annexations to its service area. 28 1 (e) The Board of Directors of CMWD may establish a water allocation for property served by 2 the CMWD taking into consideration a method that does not penalize persons for the implementation of conservation methods or the installation of water saving devices. If the Board 3 of Directors of CMWD establishes a water allocation notice of the allocation shall be provided by including it in the regular billing statement for the fee or charge or by any other mailing to the 4 address to which the CMWD customarily mails the billing statement for fees or charges for on- going water service. Following the effective date of the water allocation as established by the 5 Board of Directors of CMWD, any person that uses water in excess of the allocation shall be subject to a penalty in the amount equal to the penalty rate established by the Metropolitan 6 Water District for each billing unit of water in excess of the allocation. The penalty for excess water usage shall be cumulative to any other remedy or penalty that may 7 be imposed for violation of this ordinance. 8 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the 9 Secretary shall certify the adoption of this ordinance and cause it to be published at least once in a 10 newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. 11 12 13 14 15 16 "' 17 "' 18 '" 19 '" 20 '" 21 "' 22 "' 23 "' 24 25 '" 26 '" 27 "' 28 1 INTRODUCED AND FIRST READ at a Special Meeting of the Board of Directors of the 2 Carlsbad Municipal Water District on the 10th day of November, 2009, and thereafter; 3 PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of Directors of the 4 Carlsbad Municipal Water District on the day of 2009 by the following vote to 5 wit: 6 7 AYES: 8 NOES: 9 ABSENT: 10 ABSTAIN: 11 12 APPROVED AS TO FORM AND LEGALITY 13 14 ii RONALD R. BALL, General Counsel I O 16 17 CLAUDE A LEWIS, President 18 19 ATTEST: 20 21 23 24 25 26 27 28 LORRAINE M. WOOD, Secretary (SEAL) CITY OF CARLSBAD AND HOUSING AND REDEVELOPMENT COMMISSION JOINT AGENDA BILL 13 AB* 20,054 MTG. 12/01/09 DEPT. HRED EXTENSION OF URGENCY ORDINANCE PROHIBITING ANY NEW OR EXPANDED THERMAL ELECTRIC POWER GENERATION FACILITIES WITHIN CARLSBAD'S COASTAL ZONE AND AUTHORIZATION FOR RELATED LAND USE STUDIES DEPT. HEAD l)>/ 4«$*' I (/ CITY ATTY. iJf CITY MGR. "iij^- RECOMMENDED ACTION: 1. City Council to Adopt Ordinance No. CS-OTQ , extending Urgency Ordinance CS-067 for ten (10) months and fifteen (15) days to prohibit any new or expanded thermal electric power generation facilities within Carlsbad's Coastal Zone. 2 City Council to adopt Council Resolution No. 2009-299 directing City Staff to prepare a land use study and recommendations for the existing Encina Power Plant property that is consistent with Land Use Analysis Options 1B and 1C as set forth within Exhibit 5, which may include revisions to the Land Use Element of the General Plan, Local Coastal Program, Zoning Ordinance, and Specific Plan 144 and any other planning regulations as necessary regarding appropriate locations for thermal electric power generation facilities within the City of Carlsbad, and authorizing a loan of funds to the Carlsbad Redevelopment Agency to allow for the expenditure of funds for said land use study and/or related environmental review for the Encina Power Plant and related properties. 3. Housing and Redevelopment Commission to adopt Commission Resolution No. 479 directing Redevelopment Agency staff to work with City staff to prepare a land use study and recommendations for the existing Encina Power Plant and related properties as noted above, and to accept a loan from the City of Carlsbad to allow for expenditure of funds for said land use study and/or related environmental review for the Encina Power Plant and related properties, which are located within the South Carlsbad Coastal Redevelopment Area and therefore within the jurisdiction of the Commission. DEPARTMENT CONTACT: Christer Westman, 602-4614, christer.westman@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D Dn D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D ITEM EXPLANATION: On October 20, 2009, the City Council approved Ordinance CS-067 which declared a moratorium on any new or expanded thermal-electric power plants within Carlsbad's coastal zone. A companion resolution was also approved (Resolution No. 2009-263) which directed City staff to review existing Public Utility (P-U) zone designations and to revise them accordingly, including Specific Plan 144 (which includes the Encina Power Station). Staff has not yet completed its study and recommendations and is, therefore, recommending that Urgency Ordinance CS-067 be extended ten months and fifteen days. In addition to the City Council directing staff to complete the noted study, it is requested that the Housing and Redevelopment Commission also take action to direct its staff to work with City staff on completing the subject study and submitting recommendations, as appropriate. Ordinance CS-067 is effective until December 4, 2009. Per California Government Code Section 65858, the City Council can extend that ordinance for an additional 10 months 15 days if it finds that there is a current and immediate threat to the health, safety, and welfare of the citizens of Carlsbad. California Government Code Section 65858(d) requires that a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance be issued no less than 10 days prior to the expiration of the adopted urgency ordinance in order to consider an extension of the moratorium. The report is attached as Exhibit 4. As is summarized in the report, since the October 20, 2009 meeting, the City and Redevelopment Agency have both conveyed its respective concerns regarding health, safety, and public welfare to siting a new power plant along its coastline to the California Energy Commission (CEC) and within the South Carlsbad Coastal Redevelopment Area. The CEC recognized the City's and some of the Agency concerns in its Final Staff Analysis (FSA) which was released on November 12, 2009. Staff has met to identify and evaluate potential land use study options for the existing Encina Power Plant property and other properties included within Specific Plan 144, which has resulted in a staff recommendation for City Council and Housing and Redevelopment Commission consideration at this time. Land Use Study Options Staff has identified a number of options with regards to the scope of the land use study for the existing Encina Power Plant property and other properties included within Specific Plan 144. The attached matrix (Exhibit 5) summarizes these options for Council and Commission consideration. Based on benefit to the City and Redevelopment Agency, projected cost, usefulness and time constraints, staff recommends Council and Commission direct staff to proceed with a land use study for said properties in a manner consistent with Options 1B and 1C of said matrix report. These options would allow Council/Commission to consider amendments to land use which address the current concerns while preserving the requirement that any future development require a more specific level of planning that will also include opportunities for public input. Staff anticipates that it would take approximately 12 to 24 months to complete the land use study, prepare the necessary amendments and complete the environmental review. The projected budget for Option 1B or 1C is estimated at $200,000. If approved by Council, City staff will also complete a study of alternative sites within the City that may accommodate and are acceptable to the City for the location and operation of thermal electric power generation facilities. FISCAL IMPACT: The project budget is estimated not to exceed $200,000 for the land use study and/or related environmental review consistent with either Option 1B or 1C of the Encina Power Plant Land Use Options Analysis (Exhibit 5). It is anticipated that these funds will be expended by the Redevelopment Agency to obtain professional services of various land use and/or legal consultants to study the land use and to develop recommendations on the desired "Conceptual Master Plan and/or Land Use Development Strategy" for the existing Encina Power Plant and related properties, and/or to complete appropriate environmental review for said project. The Carlsbad South Coastal Redevelopment Project Area, however, will require a loan of said funds from the General Fund Reserve in order for the Redevelopment Agency to fund said professional services. Per a Cooperative Agreement approved on August 7, 2001 between the Commission and Council, the City Council has previously agreed to loan funds to the Housing and Redevelopment Commission, as needed, for operations and projects of the Carlsbad Redevelopment Agency as related to the South Carlsbad Coastal Redevelopment Project Area. The proposed land use study and related environmental review for the Encina Power Plant and related properties is a project of the Carlsbad Redevelopment Agency and requires a loan from the General Fund Reserve of up to $200,000 to fund said project. The loan shall constitute an indebtedness of the Housing and Redevelopment Commission and shall be repaid at the time tax increment funds become available. The loan shall be repaid with future tax increment funds generated solely from the South Carlsbad Coastal Redevelopment Project Area and as set forth within the Cooperation Agreement between the City and Agency dated August 7, 2001. City staff will complete the study of acceptable/alternative sites for the location of thermal electric power generation facilities within the City of Carlsbad. It is not anticipated at this time that additional funding shall be required to complete said study of acceptable/alternative sites. ENVIRONMENTAL IMPACT: This action does not constitute a project as defined under CEQA (California Environmental Quality Act section 15378) pursuant to Public Resources Code Section 21065 in that the proposed ordinance would not cause any direct or indirect physical change in the environment because the Moratorium prohibits the approval of any development application for a thermal electric power generation facilities in the Coastal Zone. EXHIBITS: 1. Ordinance No. cs-070 2. City Council Resolution No. 2QQ9-299 3. Housing and Redevelopment Commission Resolution No. 479 4. Report on Moratorium-driven activities 5. Matrix of Land Use Study Options for Encina Power Plant and related properties. 1 ORDINANCE NO. CS- cs-070 AN URGENCY ORDINANCE OF THE CITY COUNCIL 2 OF THE CITY OF CARLSBAD, CALIFORNIA, 3 EXTENDING URGENCY ORDINANCE NO. CS-067 PROHIBITING THE EXPANSION OR LOCATION OF THERMAL ELECTRIC POWER GENERATION FACILITIES WITHIN CARLSBAD'S COASTAL ZONE FOR TEN MONTHS AND FIFTEEN DAYS 4 5 6 7 8 9 14 15 16 22 23 24 EXHIBIT 1 WHEREAS, at its regular meeting of October 20, 2009 the City Council adopted Urgency Ordinance No. CS-067 prohibiting any new or expanded thermal electric power generation facilities located in Carlsbad's Coastal Zone; and WHEREAS, Government Code section 65858 authorizes extension of 11 said emergency interim ordinance, after notice and hearing, by a four-fifths vote for 12 up to ten (10) months and fifteen (15) days; and a subsequent extension for up to 13. one additional year; and WHEREAS, this ordinance is adopted pursuant to Government Code section 65858(a) allowing the extension of such urgency ordinance by a four-fifths VI_»IG \j\ no icyi WHEREAS, the Public Utility Zone was established and created in vote of its legislative body for ten (10) months and fifteen (15) days; and 18 19 1971; and 20 WHEREAS, that zone has not been studied or substantially amended since that time; and WHEREAS, the General Plan designation establishing a public utilities land use classified "U" was established October 15, 1974 and has not been 25 substantially reviewed or amended since that time; and 26 WHEREAS, the City needs additional time to comprehensively study 27 both the General Plan and Public Utilities Zones in order to determine whether or 28 -1 - 1 2 3 4 5 energy generation, gas generation, water utilities, treatment of waste water 6 processing and disposal utilities and other public utilities are permitted within that 7 designation upon obtaining a Specific Plan, Precise Development Plan or similar 8 actions adopted by ordinance and none of these uses are a conditional use within \y 10 11 12 17 18 19 20 24 25 26 27 28 not, due to the passage of time and advances in technology, existing standards are no longer appropriate or sufficient to protect the health, safety and welfare of its citizens; and WHEREAS, public utilities, without distinction between electrical that designation; and WHEREAS, the San Diego Gas and Electric Company (SDG&E) constructed the existing Encina Power Station in approximately 1952 and prior to the 13 General Plan designation establishing a public utilities land use and implementing 14 zone; and 15 WHEREAS, the Agua Hedionda Local Coastal Plan (LCP) was 16 adopted in 1982 which pertained to the properties then owned by SDG&E including the Encina Power Station; and WHEREAS, the LCP contains numerous regulations and restrictions which impact the Encina Power Station site including those related to public access, 21 land use, recreation, agriculture, aquaculture, visual impacts and uses of the lagoon; 22 and 23 WHEREAS, in 1999, SDG&E sold a significant portion of its holdings within Specific Plan 144 to Cabrillo Power LLC, now known as the Carlsbad Energy Center LLC, including the Encina Power Station and outer, middle, and inner basins of the Agua Hedionda Lagoon; and -2- WHEREAS, the Carlsbad Energy Center LLC ("Applicant") filed a1 2 3 4 WHEREAS, the CECP represents an expansion of the Encina Power 6 Station; and 7 WHEREAS, the CEC has notified the City that the proposed Encina 8 Power Station site is the prime candidate for expansion because of the readyy 10 11 12 17 18 19 20 25 26 27 28 Notice of Intention on September 14, 2007 with the California Energy Commission ("CEC") for the development of the Carlsbad Energy Center Project (CECP), a 558- megawatt (MW) gross combined-cycle power generating facility; and availability of land and existing electric utility related infrastructure; and WHEREAS, at the time the existing Encina Power Station was established it required a daily need for hundreds of millions of gallons of once- 13 through cooling ocean water to operate the plant and generate electricity; and 14 WHERAS, with current technology, thermal electric power generation 15 facilities no longer require ocean water for cooling and as such are no longer 16 considered coastal-dependent land uses; and WHEREAS, the construction of the addition to the existing plant will have significant effects on the environment including impacts to existing visual blight; and 21 WHEREAS, the construction and expansion of the existing plant will 22 add pollutants and noxious emissions to the environment affecting the health, safety 23 and welfare of the citizens of Carlsbad and its environs; and24 WHEREAS, the construction and expansion of the existing plant will affect the fish and wildlife ecosystem of the Agua Hedionda Lagoon; and -3- 1 2 3 4 environmental risks; and 6 WHEREAS, the City intends to study the appropriateness of the 7 General Plan land use designation for the site; and 8 WHEREAS, construction of the CECP may be in conflict with a zoningy 10 11 12 25 26 27 28 WHEREAS, expansion of the Encina Power Station may be prejudicial to other proposed nearby land uses; and WHEREAS, the expansion to the Encina Power Station will require increased fossil fuel consumption and expose the citizens of Carlsbad to additional proposal which the City Council intends to study; and WHEREAS, processing and approval of the CECP, until these studies are completed and the General Plan and zoning districts amended, would severely 13 prejudice the ability of the City to permit, conditionally permit or prohibit expansion or 14 location of thermal electric power generation facilities at this location or at other 15 locations; and 16 WHEREAS, the City Council has determined for the reasons stated above, such expansion of the existing Encina Power Station represents a current and immediate threat to the public health, safety and welfare; and 17 18 19 20 NOW, THEREFORE, the City Council of the City of Carlsbad ordains 22 as follows: 23 SECTION 1: That the above recitations are true and correct.24 SECTION 2: That the proposed CECP represents a current and immediate threat to the public health, safety, and welfare to the Citizens of Carlsbad -4- SECTIONS: No development application shall be accepted, 2 3 4 5 SECTION 4: That Ordinance No. CS-067 is extended ten (10) 6 months and fifteen (15) days. 7 DECLARATION OF URGENCY: This ordinance is hereby declared to 8 be an emergency ordinance adopted as an urgency measure to protect the public\y 10 11 12 17 18 19 25 26 27 28 processed or approved which would increase the size, location, generating capacity or use of the existing Encina Power Station or allow the establishment of any other thermal electric power generation facility within the Coastal Zone. health, safety and welfare and shall take effect immediately upon its adoption. The facts constituting the emergency are set forth in Ordinance No. CS-067 and Council Resolution No. 2009-263, dated 10/20/2009 on file with the City Clerk and made a 13 part of hereof and represent a current and immediate threat to the public health, 14 safety and welfare of the citizens of Carlsbad. 15 EFFECTIVE: This ordinance as amended shall be effective 16 immediately upon passage and shall be of no further force and effect after ten (10) months and fifteen (15) days of the date of its adoption unless extended by the City Council according to law. At least ten days prior to the expiration of this interim ordinance, the 21 20 City Council shall issue a written report describing the measures it has taken to 22 alleviate the conditions which led to the adoption of this ordinance. The City Clerk of 23 the City of Carlsbad shall certify to the adoption of this ordinance and cause it to be published within 15 days after its adoption. -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of , 2009, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 2009, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -6- ihti' 2— 1 RESOLUTION NO. 2009-299 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DECLARING ITS 3 INTENTION TO STUDY AND CONSIDER 4 AMENDMENTS TO THE LAND USE ELEMENT OF THE GENERAL PLAN , ZONING ORDINANCE AND OTHER 5 REGULATIONS PERTAINING TO THE LOCATION AND OPERATION OF THERMAL ELECTRIC POWER 6 GENERATION FACILITIES WITHIN THE CITY 7 WHEREAS, at its regular meeting on October 20, 2009, the City Council8 9 adopted Resolution No. 2009-263 which declares its intention to consider amendments 10 to the General Plan, the Zoning Ordinance and other regulations pertaining to the 11 location and operation of thermal electric power generation facilities within Carlsbad's 12 Coastal Zone; and 13 WHEREAS, City staff was authorized and directed to study and prepare 14 recommendations and to set public hearings before the Planning Commission and City 15 Council to determine whether the present General Plan and Zoning designations for 16 thermal electric power generation facilities within the City, including the Encina Power 17 Station site, should be amended; and 18 WHEREAS, the study may include preparing land use alternatives and/or 20 a "Conceptual Master Plan or Land Use Development Strategy" for the properties 21 included in the Encina Power Station site and, may include the use of consulting firms to 22 assist city staff in preparing said land use alternatives for the Encina Power Station site 23 and/or preparing appropriate environmental review documents; and WHEREAS, staff is also directed to consider the repeal or amendments to 25 Carlsbad Municipal Code section 21.48.100 regarding Public Utility exemptions from the 26 non-conforming use provisions to the Zoning Ordinance, as appropriate; and 27 28 1 WHEREAS, City staff have developed land use study options for City 2 Council consideration; and 3 WHEREAS, projected cost for professional consultant services for said 4 land use study for the Encina Power Plant and related properties and/or related 5 environmental review is estimated to be no more than $200,000, and shall be paid for 6 by the Carlsbad Redevelopment Agency with funds loaned to said Agency from the City 7 of Carlsbad pursuant to a Cooperative Agreement approved by the Council and 8 9 Housing and Redevelopment Commission on August 7, 2001; and 10 WHEREAS, the City Council desires to loan the Carlsbad Redevelopment 11 Agency said funds in order to complete said study and related environmental review. 12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 13 Carlsbad, California as follows: 14 1. That the above recitations are true and correct. 15 2. That pursuant to Section 21.52.020 of the Carlsbad Municipal Code and 16 Section 65358 of the State Government Code, the City Council of the City of Carlsbad17 > y y , 0 declares its intention to consider amendments to the Land Use Element of the General18 19 Plan, the Zoning Ordinance and other regulations pertaining to the location and 20 operation of thermal electric power generation facilities within the City of Carlsbad. 21 3. That the Planning Director is hereby authorized and directed to study this 22 land use matter, prepare recommendations and to set public hearings before the 23 Planning Commission, City Council, and Housing and Redevelopment Commission to 24 determine whether the present Land Use Element of the General Plan and Zoning 25 designations for thermal electric power generation facilities within the City, including the 26 Encina Power Station site, should be amended. 28 1 4. That the Planning Director is hereby authorized and directed to study 2 alternative land uses and, if appropriate, prepare a "Conceptual Master Plan and/or 3 Land Use Development Strategy" for the properties included in the Encina Power 4 Station site. 5 5. That the Planning Director is authorized to solicit Requests for 6 Qualifications (RFQ's) and/or Proposals from consulting firms that are qualified and interested to assist Director in completing said study and preparing recommendations 9 on alternative land uses for the Encina Power Station site and/or prepare the 10 appropriate environment review document. 6. That the Planning Director is also directed to consider the repeal or 12 amendment to Carlsbad Municipal Code section 21.48.100 regarding Public Utility 13 exemptions from the non-conforming use provisions to the Zoning Ordinance, as 14 appropriate. 15 7. That the City Council authorizes the Finance Director to appropriate16 17 funding in the form of a loan to the Carlsbad Redevelopment Agency in an amount not 18 to exceed $200,000 from the General Fund-Fund Balance to complete the desired study 19 and alternative land use recommendations report and/or related environmental review 20 for the Encina Power Plant properties, and that said loan shall constitute an 71 indebtedness of the Housing and Redevelopment Commission and shall be repaid. 22 23 24 25 26 27 28 1 PASSED, APPROVED AND ADOPTED at a Joint Meeting of the City 2 Council and Housing and Redevelopment Commission held on the day of 3 ., 2009, by the following vote: 4 AYES: 5 NOES: 6 ABSENT: 7" 8 9 10 CLAUDE A LEWIS, Mayor 11 ATTEST: 12" 13 14 15 LORRAINE M. WOOD, City Clerk (SEAL) 16" 17 18 19 20 21 22 23 24 25 26 27 28 1 RESOLUTION NO. 479 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF 3 CARLSBAD, CALIFORNIA AUTHORIZING THE 4 PLANNING DIRECTOR ON BEHALF OF THE CARLSBAD REDEVELOPMENT AGENCY AND THE 5 CITY OF CARLSBAD TO STUDY AND CONSIDER AMENDMENTS TO THE LAND USE ELEMENT OF THE 6 GENERAL PLAN, ZONING ORDINANCES AND OTHER REGULATIONS PERTAINING TO PROPERTY WITHIN 7 THE SOUTH CARLSBAD COASTAL REDEVELOPMENT AREA, AND OTHER AREAS OF THE CITY, AS 8 RELATED TO THE APPROPRIATE LOCATIONS FOR, AND OPERATION OF, THERMAL ELECTRIC POWER GENERATION FACILITIES. 10 11 WHEREAS, at its regular meeting on October 20, 2009, the City Council adopted 12 Resolution No. 2009-263 which declares its intention to consider amendments to the13 General Plan, the Zoning Ordinances and other regulations pertaining to the location 15 and operation of thermal electric power generation facilities within Carlsbad's Coastal 16 Zone; and 17 WHEREAS, City staff was authorized and directed to study and prepare 18 recommendations and to set public hearings before the Planning Commission and City 19 Council to determine whether the present General Plan and Zoning designations for 20 thermal electric power generation facilities within the City, including the Encina Power 21 Station site, should be amended; and 22 WHEREAS, the Housing and Redevelopment Commission hereby declares its 23 intention to work together with the City of Carlsbad to consider amendments to the 25 General Plan, the Zoning Ordinances and other regulations pertaining to the location 26 and operation of thermal electric power generation facilities within the boundaries of the 27 South Carlsbad Coastal Redevelopment Area; and 28 1 WHEREAS, the Housing and Redevelopment Commission hereby authorizes 2 and directs Redevelopment Agency staff to work together with City staff to study and 3 prepare recommendations and to set public hearings before the Planning Commission, 4 City Council and Housing and Redevelopment Commission to determine whether the 5 present General Plan and Zoning designations for thermal electric power generation 6 facilities within the South Carlsbad Coastal Redevelopment Area and other areas of the 7 City, which include the existing Encina Power Station site, should be amended; and8 „ WHEREAS, the study may include preparing land use alternatives and/or a IQ "Conceptual Master Plan or Land Use Development Strategy" for the properties 11 included in the Encina Power Station site and, may include the use of consulting firms to 12 assist Agency and City staff in preparing said land use alternatives for the Encina Power 13 Station site and/or prepare appropriate environmental review documents; and 14 WHEREAS, Agency Staff is also directed to work with City Staff to repeal or recommend amendments to Carlsbad Municipal Code section 21.48.100 regarding 16 Public Utility exemptions from the non-conforming use provisions to the Zoning 17 Ordinance, as appropriate; and 18 WHEREAS, City and Agency staff have developed land use study options for 20 City Council and Housing and Redevelopment consideration; and 21 WHEREAS, the Housing and Redevelopment Commission has determined that 22 Agency and City Staff may require the professional services of various land use and/or 23 legal consultants to study said land use and to develop recommendations on the 24 desired "Conceptual Master Plan and/or Land Use Development Strategy" for said 25 properties in the South Carlsbad Coastal Redevelopment Area; and 26 27 28 1 WHEREAS, the City Council has appropriated funding for the subject consultant 2 services and has previously agreed, per a Cooperative Agreement approved on August 3 7, 2001, to loan funds to the Housing and Redevelopment Commission for operations 4 and projects of the Carlsbad Redevelopment Agency as related to the South Carlsbad 5 Coastal Redevelopment Area; and 6 WHEREAS, the Carlsbad Redevelopment Agency desires to obtain a loan from 7 the City of Carlsbad for said operations and project costs related to the land use study8 9 set forth herein; and 10 WHEREAS, the expenditure of funds by the Housing and Redevelopment 11 Commission, on behalf of the Carlsbad Redevelopment Agency, on said land use study 12 and related reports and recommendations is consistent with the goals and objectives 13 and anticipated expenditure plan set forth within the South Carlsbad Coastal 14 Redevelopment Five-Year Implementation Plan as approved on January 17, 2006. 15 16 NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment 17 Commission of the City of Carlsbad, California as follows: 18 19 1. That the above recitations are true and correct. 20 2. That pursuant to Section 21.52.020 of the Carlsbad Municipal Code and 21 Section 65358 of the State Government Code, the City Council of the City of Carlsbad 22 has declared its intention to consider amendments to the General Plan, the Zoning 23 Ordinances and other regulations pertaining to the location and operation of thermal 24 electric power generation facilities within the City. 25 3. That the Housing and Redevelopment Director and Planning Director are 26 hereby authorized and directed to work together to study this land use matter, prepare 28 1 recommendations and to set public hearings before the Planning Commission, City 2 Council and Housing and Redevelopment Commission, as appropriate, to determine 3 whether the present General Plan and Zoning designations for thermal electric power 4 generation facilities within the City, including the Encina Power Station site, should be 5 amended. 6 4. That said Agency and City staff are also hereby authorized and directed to study alternative land uses and, if appropriate, prepare a "Conceptual Master Plan o 9 and/or Land Use Development Strategy" for the properties included in the Encina Power 10 Station site. 11 5. That said Agency and City staff are also directed to consider the repeal or i j amendments to Carlsbad Municipal Code section 21.48.100 regarding Public Utility exemptions from the non-conforming use provisions to the Zoning Ordinance, as 14 appropriate. 15 6. That said Agency and City staff are authorized to solicit Requests for16 Qualifications and/or Proposals, as appropriate, from consulting firms that are qualified 18 to assist staff in completing said study and preparing recommendations on alternative 19 land uses for the Encina Power Station site and/or to prepare the appropriate 20 environmental review document. 21 7. That on behalf of the Carlsbad Redevelopment Agency, the Housing and 22 Redevelopment Commission accepts a loan in an amount not to exceed $200,000 from 23 the City of Carlsbad to fund one or more professional service agreements to complete 24 the desired study and alternative land use recommendations report and/or related 25 environmental review. The loan shall constitute an indebtedness of the Carlsbad26 27 Redevelopment Agency and shall be repaid at the time tax increment funds become 28 1 available. The loan shall be repaid with future tax increment funds generated solely from 2 the South Carlsbad Coastal Redevelopment Project Area and as set forth within the Cooperation Agreement between the City of Carlsbad and Carlsbad Redevelopment 4 Agency dated August 7, 2001. 5 " 9 10 11 12 13 14 //// 15 16 17 18 19 "" 20 21 22 23 24 25 //// 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Special Joint Meeting of the Housing and Redevelopment Commission and the Carlsbad City Council held on the day of , 2009, by the following vote: AYES: NOES: ABSENT: CLAUDE A LEWIS, Chairman ATTEST: LISA HILDABRAND, Secretary (SEAL) EXHIBIT 4 November 16, 2009 TO: CITY MANAGER VIA: COMMUNITY DEVELOPMENT DIRECTOR FROM: Planning Director SUBJECT: Power Plant Development in the Coastal Zone Moratorium The City Council adopted an urgency ordinance (CS-067) prohibiting the development of power generation plants within the coastal zone on October 20, 2009. This ordinance was in response to NRG's proposal to add additional power generation at the existing Encina Power Station site. Unless extended, the urgency ordinance is due to expire on December 4, 2009. California Government Code Section 65858(d) requires that a written report describing the measures taken to alleviate the subject urgency ordinance condition must be issued no less than 10 days prior to the expiration of the adopted urgency ordinance in order to consider an extension of the moratorium. The following is intended to serve as the required report. As highlighted in the October 20, 2009 City Council meeting, the City has demonstrated a history of its desire to limit the expansion of the existing power plant and the development of new plants along the coast in favor of developing coastal properties with recreation, commercial, and tourism uses that are unique to the coast. Since the October 20 meeting, the City has conveyed its objections to siting a new power plant along its coastline to the California Energy Commission (CEC), which is the State agency responsible for licensing new power plants. The CEC recognizes the City's concerns in its Final Staff Analysis which was released on November 12, 2009. Additionally, during the October 20, 2009 council meeting, the City Council adopted Resolution No. 2009-263, which directs staff to prepare a land use analysis that studies where, if any, locations are acceptable for power generation in Carlsbad's coastal zone and to evaluate what appropriate land use designation(s) should be applied to Specific Plan Area 144 (this includes the Encina Power Station). Subsequent to the October 20 meeting, staff has met to identify and evaluate potential land use analysis options (Exhibit 1), which has resulted in a staff recommendation for City Council's consideration. Staff expects that it will take several months to complete the above-mentioned land use study. For that reason, staff recommends that the City Council extend Urgency Ordinance CS-067. ENCINA POWER PLANT LAND USE OPTIONS- OCTOBER 28, 2009 EXHIBIT 5 OPTIONS REQUIREMENTS PROS CONS Option 1 - Change the Land Use Designations • General Plan Amendment • Zone Change • Local Coastal Plan Amendment (Agua Hedionda Land Use Plan) • Specific Plan 144 Amendment • South Carlsbad Redevelopment Plan Amendment • Precise Development Plan Amendment • Zone Code Amendment to the Nonconforming Use Chapter • Environmental Impact Report • Faster to complete when compared to Option 2 • Less costly • Provides the developer flexibility • Could narrow choices • Public feels excluded Option 1A - Change to an Unplanned Area General Plan Designation • Requires that future planning be done to establish the land uses • General Plan Amendment • Zone Change -Change to Limited Control (L-C) • Local Coastal Plan Amendment • Specific Plan 144 Amendment • South Carlsbad redevelopment Plan Amendment • Precise Development Plan Amendment • Zone Code Amendment to the Nonconforming Use Chapter • Environmental Impact Report • Faster to complete when compared to Option 2 • Less costly • Provides the developer flexibility • Could narrow choices • Public feels excluded Option IB - Combination General Plan District • Designate the site with more than one land use classification • Requires the future approval of a specific plan prior to development of 25 acres or more • General Plan Amendment • Zone Change • Local Coastal Plan Amendment (Agua Hedionda Land Use Plan) • Specific Plan 144 Amendment • South Carlsbad Redevelopment Plan Amendment • Precise Development Plan Amendment • Zone Code Amendment to the Nonconforming Use Chapter • Environmental Impact Report • Requires a future specific plan • Public involvement could be expanded during the specific plan process • Faster to complete when compared to Option 2 • Less costly • Provides the developer flexibility as the plan details are developed closer to the time of development • Provides direction based on the designations approved for the site • Could narrow choices • Public feels excluded Option 1C - General Plan Special Planning Consideration Area • Designation requires that the area receive a more specific level of planning review • General Plan Update could cover the public outreach and input needed for the area • General Plan Amendment • Zone Change • Local Coastal Plan Amendment (Agua Hedionda Land Use Plan) • Specific Plan 144 Amendment • South Carlsbad Redevelopment Plan Amendment • Precise Development Plan Amendment • Zone Code Amendment to the Nonconforming Use Chapter • Environmental Impact Report • Requires a future more specific level of planning • Public involvement could be expanded during the future planning phase • Faster to complete when compared to Option 2 • Less costly • Provides the developer flexibility as the plan details are developed closer to the time of development • Provides direction based on the designations approved for the site • Could narrow choices • Public feels excluded Option 2 - Focused Planning Process to Determine the Best Use • Prepare a new Specific Plan for the area • General Plan Amendment • Zone Change • Local Coastal Plan Amendment (Agua Hedionda Land Use Plan) • Specific Plan 144 Amendment • South Carlsbad Redevelopment Plan Amendment • Precise Development Plan Amendment • Zone Code Amendment to the Nonconforming Use Chapter • Environmental Impact Report • Clear direction/vision • Public involved at the ground floor • Creates interest/buzz • Economic attractor • Establishes land use designations and shortens the process for the developer • Partnership opportunities • Unknowns with the site • Time consuming • Expensive • May create false community expectations • Wastedeffort if the plansof afuture developer require substantial revision of the plan • Limits the developer HOUSING AND REDEVELOPMENT COMMISSION ^ 4 AGENDA BILL AB# MTG. DEPT. 419 12/01/09 HRED PROFESSIONAL SERVICES AGREEMENT FOR EXCLUSIVE MANAGEMENT AGENT SERVICES FOR THE TYLER COURT SENIOR APARTMENTS. DEPT. HEAQCQ^TK CITY ATTY. CITY MGR. <gg^ (U— 478 RECOMMENDED ACTION: That the Housing and Redevelopment Commission ADOPT Resolution No. APPROVING a Professional Services Agreement for Exclusive Management Agent Services with Interfaith Housing Assistance Corporation for the Tyler Court Senior Apartments, ITEM EXPLANATION On September 30, 1999, the Carlsbad Redevelopment Agency purchased the 75-unit Tyler Court Senior Apartment Complex located at 3363 Tyler Street. The purchase of the property resulted in the Redevelopment Agency providing permanent affordable housing for very low and extremely low income senior citizens in Carlsbad. Upon assuming ownership, the Housing and Redevelopment Commission authorized staff to enter into a Professional Services Agreement with the Interfaith Housing Assistance Corporation (Interfaith) for the day-to-day management and maintenance of Tyler Court. For the past ten years, Interfaith has fulfilled their contractual obligations, and staff has been satisfied with their overall performance. The City's current contract with Interfaith has no additional administrative extensions permitted without further action by the Commission. Based upon a satisfactory performance by the current management company and the Agency's desire to limit disruption of that management thereby maintaining consistency for the residents, staff is recommending that the Housing and Redevelopment Commission authorize the Agency's Executive Director to execute a new Professional Services Agreement for Exclusive Management Agent Services with Interfaith for said management services. The Professional Services Agreement will be for an initial period of two years, and allows for three additional one- year extensions of the agreement by the City Manager. FISCAL IMPACT The total costs associated with the day-to-day management and maintenance for the Tyler Court Senior Apartments is estimated to be approximately $368,000 for fiscal year 2009-10. The funds to operate the complex will be provided through rent revenues generated by the renting of the 75 senior units on a monthly basis. Based on current projections, it is estimated that rent revenues generated by the project will be approximately $490,000 per year. Therefore, DEPARTMENT CONTACT: Debbie Fountain (760)434-2935 Debbie.Fountain(o)carlsbadca.gov FOR CITY CLERKS USE ONLY. COMMISSION ACTION: APPROVED D DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER-SEE MINUTES D Page 2 with an operating surplus of $122,000, it is unlikely that any additional City or Redevelopment Agency funding will be required for operations of the subject property during the term of the agreement. No additional funds have been required from the City or Redevelopment Agency to manage, operate and/or maintain the Tyler Senior Court Apartments since its purchase in 1999. ENVIRONMENTAL IMPACT: As an agreement to provide for services to manage an existing apartment complex owned by the Redevelopment Agency, this is an administrative activity of the government that does not result in direct or indirect physical changes in the environment. Therefore, this action is not a "project" subject to the California Environmental Quality Act (CEQA). Section 15378(b)(5) of the CEQA Guidelines excludes from environmental review "organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment." EXHIBITS 1. Housing and Redevelopment Commission Resolution No. 478 , authorizing the Redevelopment Agency Executive Director to execute a Professional Services Agreement for Exclusive Management Agent Services with Interfaith Housing Assistance Corporation for the Tyler Court Senior Apartments. 2. Professional Services Agreement between Interfaith Housing Foundation and the Carlsbad Redevelopment Agency for Exclusive Management Agent Services for the Tyler Court Senior Apartments. 1 RESOLUTION NO. 478 2 A RESOLUTION OF THE CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION APPROVING A 3 PROFESSIONAL SERVICES AGREEMENT FOR EXCLUSIVE 4 MANAGEMENT AGENT SERVICES WITH INTERFAITH HOUSING ASSISTANCE CORPORATION FOR THE TYLER 5 COURT SENIOR APARTMENTS. 6 WHEREAS, the City of Carlsbad has a significant need for affordable housing 7 throughout the community as set forth in both its Housing Element of the General Plan and the 8 City's federally-required Consolidated Plan; and j 0 WHEREAS, on September 30, 1 999, the Redevelopment Agency of the City of Carlsbad purchased the Tyler Court Senior Apartment Complex for the purpose of providing permanent 12 affordable housing for very low income senior citizens in Carlsbad; and WHEREAS, the Housing and Redevelopment Commission seeks to enter into a Professional Services Agreement with Interfaith Housing Assistance Corporation for exclusive management agent services for the Tyler Court Senior Apartments. 16 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and 17 Redevelopment Commission of the City of Carlsbad, California, as follows: 18 1 . The above recitations are true and correct. 20 2. The Housing and Redevelopment Commission hereby authorizes the 21 Redevelopment Agency Executive Director to execute a Professional Services 22 Agreement for Exclusive Management Agent Services with Interfaith Housing Assistance Corporation for the Tyler Court Senior Apartments for an initial period of two years, substantially in the form presented to the Commission and 25 subject to prior approval by the City Attorney. 26 27 28 1 2 3. The Housing and Redevelopment Commission hereby authorizes the 3 Redevelopment Agency Executive Director to extend said Professional Services 4 Agreement with Interfaith Housing Assistance Corporation for three (3) 5 additional one (1) year periods or parts thereof, as appropriate and based upon a 6 review of satisfactory performance for past management services and the City's 7 needs and subject to the approval by the City Attorney. 8n PASSED, APPROVED, AND ADOPTED at a special meeting of the Housing and Redevelopment Commission of the City of Carlsbad, California, held on the day of December, 2009, by the following vote, to wit: 12 AYES: 13 NOES: 14 ABSENT: is" 16 17 CLAUDE A. LEWIS, CHAIRPERSON 18 ATTEST: 19M 20 21 LISA HILDABRAND, SECRETARY 22 " 23 24 25 26 27 28 EXHIBIT 2 AGREEMENT FOR EXCLUSIVE MANAGEMENT AGENT SERVICES Interfaith Housing Assistance Corporation THIS AGREEMENT is made and entered into as of the day of . 2009, by and between the CARLSBAD REDEVELOPMENT AGENCY, a Community Redevelopment Agency, ("Agency"), and INTERFAITH HOUSING ASSISTANCE CORPORATION, a California Nonprofit Benefit Corporation ("Agent). RECITALS A. City requires exclusive management agent services for the management and day-to-day operation of the Tyler Court Senior Apartments located at 3363 Tyler Street, Carlsbad, CA 92008. B. Agent has the necessary experience in providing exclusive management agent services. C. Selection of Agent is expected to achieve the desired results in an expedited fashion. D. Agent has submitted a proposal to City and has affirmed its willingness and ability to perform such work, and said proposal has been incorporated into this Agreement. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Agent agree as follows: 1. SCOPE OF WORK City retains Agent to perform, and Agent agrees to render, the management services (the "Services") set forth within this Agreement and according to the Management Plan set forth in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Agent will exercise the reasonable professional care and skill customarily exercised by reputable members of Agent's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years, effective from October 1, 2009. The City Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or parts thereof in an amount not to exceed the terms and conditions stated in Section 5 below. Extensions will be based upon a satisfactory review of Agent's performance, City needs, and appropriation of funds by the City Council as necessary. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The sole compensation which the Agent shall be entitled to receive for all services performed under this Agreement shall be a fee computed and payable monthly on the first day of each month as follows: (a) During the first nine (9) months of the term of this Agreement, (through June 30, 2010) the Agent's monthly fee shall be the sum of Forty Two Dollars, Forty Two Cents ($42.42) per unit (including any free unit for managerial staff). (b) During each subsequent year of the Agreement, the Agent's monthly fee shall be increased by three (3) percent and added to the previous year's dollar per unit per month fee (including any free unit for managerial staff). 6. STATUS OF AGENT Agent will perform the Services in Agent's own way as an independent agent and in pursuit of Agent's independent calling, and not as an employee of City. Agent will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Agent to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Agent pursuant to the Agreement will be the full and complete compensation to which Agent is entitled. City will not make any federal or state tax withholdings on behalf of Agent or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Agent or its employees or subcontractors. Agent agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Agent or any agent, employee, or subcontractor of Agent for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Agent. 7. SUBCONTRACTING Agent will not subcontract any portion of the Services without prior written approval of City. If Agent subcontracts any of the Services, Agent will be fully responsible to City for the acts and omissions of Agent's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Agent is for the acts and omissions of persons directly employed by Agent. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Agent and Agency. Agent will be responsible for payment of subcontractors. Agent will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Agent's work unless specifically noted to the contrary in the subcontract and approved in writing by Agency. 8. OTHER AGENTS The Agency reserves the right to employ other Agents in connection with the Services. 9. INDEMNIFICATION (a) Agent agrees to indemnify and hold harmless the Agency and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Agent, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense Agency incurs or makes to or on behalf of an injured employee under the Agency's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. (b) The Carlsbad Redevelopment Agency agrees to maintain liability insurance coverage on the property. Agent shall not be responsible for the type, amount or sufficiency of insurance coverage on the Apartments. 10 . INSURANCE Agent will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Agent or Agent's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 10.1 Coveraqes and Limits. Agent will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Agent's indemnification obligations under this Agreement. Agency, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Agent pursuant to this Agreement are adequate to protect Agent. If Agent believes that any required insurance coverage is inadequate, Agent will obtain such additional insurance coverage, as Agent deems adequate, at Agent's sole expense. 10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Agent's work for Agency). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liabilitv. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Agent has no employees and provides, to Agency's satisfaction, a declaration stating this. 10.2. Additional Provisions. Agent will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The Agency will be named as an additional insured on General Liability. Likewise, Agent will be named as an additional insured on the Agency's General Liability policy. 10.2.2 Agent will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to Agency sent by certified mail pursuant to the Notice provisions of this Agreement. a 10.3 Providing Certificates of Insurance and Endorsements. Prior to Agency's execution of this Agreement, Agent will furnish certificates of insurance and endorsements to Agency. 10.4 Failure to Maintain Coverage. If Agent fails to maintain any of these insurance coverages, then Agency will have the option to declare Agent in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Agent is responsible for any payments made by Agency to obtain or maintain insurance and Agency may collect these payments from Agent or deduct the amount paid from any sums due Agent under this Agreement. 10.5 Submission of Insurance Policies. Agency reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 10.6 Crime Bond. The Agent shall provide a Crime Bond in the amount of $50,000 naming the Agency as co-obligee. 11. BUSINESS LICENSE Agent will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Agent will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Agent will allow a representative of Agency during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Agent will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Agent or its agents, employees, and subcontractors pursuant to this Agreement is the property of Agency. In the event this Agreement is terminated, all work product produced by Agent or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to Agency. Agent will have the right to make one (1) copy of the work product for Agent's records. 14. COPYRIGHTS Agent agrees that all copyrights that arise from the services will be vested in Agency and Agent relinquishes all claims to the copyrights in favor of Agency. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of Agency and on behalf of Agent under this Agreement. For Agencv: For Agent: Debbie Fountain Doris Snashall Director of Housing and Redevelopment Director of Propertv Management City of Carlsbad 7956 Lester Avenue 2965 Roosevelt Street, Suite B Lemon Grove, CA 91945 Carlsbad, CA 92008 Phone No. 619.231.0288 Phone No. 760.434.2815 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Agency will evaluate Agent's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and Agency's Conflict of Interest Code is required of Agent or any of Agent's employees, agents, or subcontractors. Should it be determined that disclosure is required, Agent or Agent's affected employees, agents, or subcontractors will complete and file with the Agency Clerk those schedules specified by Agency and contained in the Statement of Economic Interests Form 700. Agent, for Agent and on behalf of Agent's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Agent further warrants that neither Agent, nor Agent's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Agent will file with the Agency an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Agent will keep fully informed of federal, state and local laws and ordinances and regulations which in-any manner affect those employed by Agent, or in any way affect the performance of the Services by Agent. Agent will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Agent's services with all applicable laws, ordinances and regulations. Agent will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the /o eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Agent will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Agent or Agency will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the Agency Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Agent's failure to prosecute, deliver, or perform the Services, Agency may terminate this Agreement for nonperformance by notifying Agent by certified mail of the termination. If Agency decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, Agency may terminate this Agreement upon written notice to Agent. Upon notification of termination, Agent has five (5) business days to deliver any documents owned by Agency and all work in progress to Agency address contained in this Agreement. Agency will make a determination of fact based upon the work product delivered to Agency and of the percentage of work that Agent has performed which is usable and of worth to Agency in having the Agreement completed. Based upon that finding Agency will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of Agency, Agent will assemble the work product and put it in order for proper filing and closing and deliver it to Agency. Agent will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. Agency will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Agent warrants that Agent has not employed or retained any company or person, other than a bona fide employee working for Agent, to solicit or secure this Agreement, and that Agent has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, Agency will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Agent agrees that any Agreement claim submitted to Agency must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Agent acknowledges that if a false claim is submitted to Agency, it may be considered fraud and Agent may be subject to criminal prosecution. Agent acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Agent acknowledges that the filing of a false claim may subject Agent to an administrative debarment proceeding as the result of which Agent may be prevented to act as a Agent on any public work or improvement for a period of up to five (5) years. Agent acknowledges debarment by another jurisdiction is grounds for Agency to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon Agency and Agent and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Agent without the prior consent of Agency, which shall not be unreasonably withheld. \l 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Agent each represent and warrant that they have the legal power, right and actual authority to bind Agent to the terms and conditions of this Agreement. Interfaith Housing Assistance Corporation, a California Nonprofit Corporation *By: Carlsbad Redevelopment Agency, a public body corporate and politic, By: Matthew B. Jumper *By:ATTEST: Lorraine M. Wood, City Clerk If required by Agency, proper notarial acknowledgment of execution by Agent must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney s (2, t cfc&GgL II A //EXHIBIT "A TYLER COURT MANAGEMENT PLAN OCTOBER 2009 MANAGEMENT PLAN FOR TYLER COURT APARTMENTS The intent of this management plan is to present guidelines that the Owner and the Managing Agent will follow in the operation of Tyler Court Apartments. Owner: Tyler Court Apartments (Carlsbad Redevelopment Agency, a Community Redevelopment Agency) Managing Agent: Interfaith Housing Assistance Corporation The entire development, including, but not limited to, the land and any and all improvements, fixtures, and furnishings, equipment, and supplies, is hereinafter referred to as the "Development". I. Role and Responsibility of the Owner, and its relation, and delegations of authority to the Managing Agent. The Interfaith Housing assistance Corporation (IHAC) President is charged by the owner's Board of Directors with overall responsibility for supervising its affairs. That officer represents, and has authority to act for, the Owner in relationships with the Managing Agent and other involved parties. That officer also supervises, on behalf of the Owner, the performance of the Managing Agent in carrying out its responsibilities. The President of Interfaith Housing Assistance Corporation is the responsible officer in charge of the operations of the Managing Agent. The responsibilities of the Owner and Managing Agent are defined in the management agreement and this management plan so as to eliminate overlapping areas. The responsible officers of the Owner and Managing Agent are in regular contact to insure close coordination. The management agreement sets forth the items that are to be paid by the Development or out of the Managing Agent's fee. A. Managing Agent's Services and Duties. Under the personal and direct supervision of the President, the Managing Agent (hereinafter referred to as "Agent") shall render services and perform duties as follows: 1. Personnel Policy and Staffing. On the basis of job standards and wage rates, the Agent will investigate, hire, pay, supervise, and discharge the personnel necessary to be employed to properly maintain and operate the Development. Such personnel shall in every instance be in the Agent's employ. Compensation for the services of such employees shall be an operating expense of the Development. Personnel Policy is outlined in a separate document. C:\Documents and Settings\doris\My Documents\Management\Management Plans\Management Plan TCC 21oct09.doc 2. Maintenance and Repair Program. The Agent will cause the buildings, appurtenances and grounds of the Developments to be maintained according to standards acceptable to Owner and its lenders including all normal maintenance and repair work as may be necessary. The Program is outlined in detail in Section VI of this plan. 3. Expenditure Authorization. With the exception of payments required under the mortgage, taxes, insurance, utilities, payroll and vendor contractual obligations, no disbursement shall be made by the Agent in excess of $2,000.00 (when budgeted) unless specifically authorized by the Owner; excepting, however, that emergency repairs, involving manifest danger to life or property, or immediately necessary for the preservation and safety of the Development, or for the safety of the residents, or required to avoid the suspension of any necessary services to the Development, may be made by the Agent irrespective of the cost limitation imposed by this paragraph. Notwithstanding this authority on emergency repairs, it is understood and agreed that the Agent will, if at all possible, confer immediately with the Owner regarding every such expenditure and its effect on the budget. Authorization for all payables is required by the supervisor of the requestor while checks may only be signed by the IHAC President or a member of the Executive Committee of the Board of Directors. 4. Administration. a. Records Maintenance. The Agent will maintain a comprehensive system of office records, books, and accounts in a manner satisfactory to include all appropriate Development expenditures. Part of this system will include the use of a Check Request and an Accounts Payable stamp. (1) Check request has two functions. (a) to reimburse for money spent out of pocket for Development expense. (b) to advance a check for a specific documented purpose/vendor. (2) Accounts Payable stamp assists in paying each bill properly. Upon receipt of each bill, the item is stamped and the Development site noted. Upon payment of each bill, the remainder of the stamp is completed, indicating check #, amount and date paid. Preliminary approval by the site staff is also necessary indicating the item was received or the service was properly rendered and at the appropriate cost. Records shall be subject to examination by authorized agents during regular business hours. As a standard practice, the Agent shall render to the Owner a C:\Documents and Settings\doris\My Documents\Management\Management Plans\Management Plan TCC 21oct09.do statement of receipts and disbursements, a schedule of accounts receivable and payable, and a reconciled bank statement as of the end of the preceding month. b. Accounting Records, Forms, and Vouchers. All accounting and purchasing procedures are consistent with governmental requirements governing fiscal operations for multi-family housing Developments. Monthly reports are based on information provided by the Resident Manager and reviewed by the Directors of Property Management and Finance. All monthly financial reports, and other reports required by Owner are prepared by the Director of Finance under the supervision of the Agent. Resident income certifications are prepared by the Resident Manager and are kept at the Development office. Copies are kept on file at the Agent's office. The Agent monitors cash flow on a continuous basis. The Owner receives a monthly cash flow statement concerning the fiscal activities, including a financial statement every quarter. c. Supplies. Office supplies are purchased directly, upon approval, from various office supplies vendors. The IHAC staff conducts periodic price comparisons. 5. Budgets. At least 60 days before the beginning of each new fiscal year, the Agent will prepare an operating budget setting forth an itemized statement of the anticipated receipts and disbursements for the new fiscal year based upon the then current schedule of monthly rents, and taking into account the general condition of the Development and Owner's objectives for the ensuing year. Each such budget, together with a statement for the Agent outlining a plan of operation and justifying the estimates made in every material item, shall be submitted to the Owner for submission to the appropriate agency, if necessary, in final draft at least thirty (30) days before the commencement of the fiscal year for which it has been made. The budget as finally approved and adopted by the Owner shall serve as a supporting document for the schedule of monthly rents proposed for the new fiscal year. 6. The Agent shall consult with the Owner concerning any of the following: a. Property improvements over $2000.00. b. Changes in rent collection policies. c. Government requirements seriously affecting the economic status of the Development. d. Insurance. e. Any change in the financial status or needs of the Development that necessitates a change in the operating budget. C:\Documents and Settings\doris\My Docurnents\Management\Management PlansVManagement Plan TCC 21oct09.doc f. Other matters as required by the management agreement, or specified from time to time by the Owner. 7. The Agent need not consult with the Owner regarding: a. Payment of budgeted operating expenses. b. Selection of residents. c. Selection of vendors for budgeted services (except as directed by the Owner). d. Commencement of legal proceedings in the name of the Owner for evictions and collections of rents. e. Marketing and advertisements. f. Other day-to-day activities in the operation of the Development where consultation is not otherwise required by this management plan or the management agreement. 8. Compensation. The sole compensation which the Agent shall be entitled to receive for all services performed under this Plan shall be a fee computed and payable monthly at the rate approved by the owner. The Agent will comply with all laws, statutes, ordinances, governmental rules and regulations, conditional use permits, zoning variances and the like, now in force or which may hereinafter be enacted, promulgated or granted with respect to the Development. B. Resident Manager's Duties and Responsibilities. The Resident Manager will handle social services, including referrals to other agencies. The Manager is charged with the responsibility of keeping informed of appropriate agencies which can be provide social services directly to residents. The Resident Manager will perform regular duties, such as resident relations, collection of rents, schedule of maintenance, and other duties deemed necessary to provide a safe and harmonious environment for all residents. The Resident Manager will establish and maintain a waiting list, in compliance with monitoring agencies, rules and regulations applicable to the Development, to be used to fill subsequent vacancies. Agency Bank Account. It is the responsibility of the Agent to establish and maintain, in a bank whose deposits are insured by the Federal Deposit Insurance Corporation and in a manner to indicate the custodial nature thereof, a separate bank account or accounts as Agent of the Owner for the deposit of the monies of the Owner, with authority to draw thereon for any payments to be made by the Agent to discharge any liabilities or obligations incurred pursuant to this Plan, and for the payment of the Agent's fee, all of which payments shall be subject to the limitations in this Plan. Page - 4 - Renting of Units. The Agent will advertise as necessary to fill units by making outreach to local community organizations and churches and to the general public so as to attract Applicants representative of the community, and by means of media as necessary. Efforts will include compliance with the Affirmative Fair Housing Marketing Plan, which targets populations not currently served. Documentation of marketing efforts will be maintained both at the site and at the corporate office. Applications will include a line so that applicants may voluntarily disclose their race/ethnicity. These documents will be retained a minimum of three years. A. Resident Selection Criteria. The Agent has promulgated a resident selection policy. The Resident Manager will screen applicants who will be accepted or declined residency in accordance with the Resident Selection Criteria and appropriate governmental regulations. B. Resident Certification and Recertification. Incomes and assets of applicants will be verified and documented by the Agent in accordance with applicable governmental regulations. The Resident Manager is primarily responsible for obtaining all necessary information and completion of all forms relating to certification and recertification of incomes. This is done under the supervision of the Director of Property Management. The Resident Manager must be knowledgeable regarding applicable governmental forms and procedures. C. Security Deposit. A security deposit will be charged to all residents. The amount of the deposit will not exceed one month's rent and will be collected along with the first month's rent. At the termination of the lease, the resident will be required to return the unit in the same condition in which it was received less reasonable wear and tear as determined by the Resident Manager. If there is damage, the actual cost to repair the damage will be deducted from the security deposit. Any unpaid rent also will be deducted from the security deposit. Any remaining deposit will be returned to the resident within twenty-one (21) days as required by law. If the resident owes money in addition to the security deposit, every effort will be made to collect from the resident. D. Gate Deposit and Pet Deposit. There will be a $20.00 gate deposit for each opener per tenant. Pets will be permitted with a $300 deposit and completion of a Pet Agreement/Veterinarian Certification. No deposit is required for Resident-owned assistive animals. E. Rent Collection. Rent will be collected by the Resident Manager at the site office. Rents are due on the first day of every month. All rents are paid by check or money order only. A sign in the office informs all persons that cash rent is not accepted. Receipts will be given only if requested by the resident. The Resident Manager deposits the rents in the bank. The deposit record listing the checks is kept in triplicate: one copy is given to the bank, one copy is retained by the Resident Manager, and one copy is forwarded with a copy of the rent receipt to the Director of Finance. All rents are segregated in a separate checking account for the Development kept in the name of the Owner. Page - 5 - Prepayment of rent is not permitted. Partial rent payments are acceptable only in highly unusual circumstances and only when approved in advance by the Owner. Rent must be paid within the first five (5) days of each month and will be considered late on the 6th day. Rents paid after this time are charged a $20.00 late fee. The intent of the late fee is to reimburse the Development for the costs of collecting late rents and for the loss of the use of the funds. If a check issued by a resident is returned by the bank, the resident must replace the returned check and pay the $20.00 Returned Check charge. If a resident continues to have rent checks returned by the bank, no further checks are to be accepted from that resident; rent must be paid by money order thereafter. The Owner and Agent realize that financial problems beyond the control of a resident may arise (e.g.: loss of job, hospitalization, etc.). Residents will be referred to social service agencies, or agencies providing assistance in budgeting, if the resident desires. Management cannot compel residents to pursue any particular remedy. F. In addition to rent, residents will pay for use of the laundry equipment, their own telephone, and for Cable TV service. IV. Administration of Leases. A. The Agent has the authority to sign, renew or cancel leases for the Apartments and any part thereof; to collect rents or other charges and expenses due or to become due and give receipts therefore, to terminate tenancies and sign and serve in the name of the Owner such notices as are appropriate; to institute and prosecute residents and to recover possession of units in the name Owner and recover rents and other sums due and, when expedient, to settle, compromise, and release such actions or suits or reinstate such tenancies, subject to the following procedures which may be amended from time to time, as required by practical concerns, with the mutual consent of the Parties. B. Model lease begins with a One Year agreement followed by a Month-to-Month lease. C. Verification of vacancies. All data for all residents is input to a computer system. All governmental forms are printed for residents as a result of data input into the system. Vacancies are tracked on governmental reports. V. Delinquent Rent and Evictions. Agent shall act in accordance with the law and with those procedures established through governmental regulations when dealing with delinquent residents. All means of working with the resident to pay need to be exhausted before an eviction proceeds. Once legal action is initiated, the Resident Manager will have no authority to accept rent from the resident. At this point, the tenancy may be reinstated only under the following conditions: A. Approval by the Agent; Page - 6 - 1. Payment by the resident of all past due rent, late charges, and legal fees and court costs incurred; and 2. Only if legal proceedings have not been previously filed against the resident. A. A service fee of $20.00 will be charged for returned checks. If payment of rent due is not made within twenty-four (24) hours of notification, then eviction proceedings may be initiated. B. On or about the 6th day of the month, if payment has not been received, a pay or quit notice is executed and served to the resident. Upon expiration of the term of the notice, appropriate documents are submitted to an attorney for filing and an Unlawful Detainer action will be instigated. C. If an eviction is required due to something other than non-payment of rent, documentation is very important. When documentation is sufficient to warrant eviction, including warning letters to the resident, papers must be submitted to an attorney as advised above. Paperwork necessary for an eviction includes a copy of the pay or quit notice, back-up documentation, rental agreement, and proof of service. Evictions for reasons other than non-payment of rent are handled according to the following procedure specified in the lease. In addition, the following steps are taken: 1. The Resident Manager verbally notifies the resident that particular conduct does not comply with the Development Rules and Regulations. A follow up letter is sent to summarize the problem and the verbal notification. 2. If problems continue, the Resident Manager sends a written notice to comply to the resident. 3. If the problem is not resolved, the resident will be given written notice of the termination of the lease. 4. If the resident does not vacate, appropriate legal action will be taken. 5. Where the violation of the Rules and Regulations is flagrant, or the resident's conduct is harmful to the Development or its residents, the Resident Manager may instigate immediate termination proceedings. D. If a resident files for bankruptcy and avoids paying rent, attorney action will proceed. The procedure will take longer, however. E. Upon termination of the lease a move out inspection will be performed by the Resident Manager in the presence of the resident (if available). Page - 7 - VI. Maintenance and Repair of Buildings and Grounds. A. The Agent has the power and authority to make or cause to be made and supervise repairs and alterations, and to do decorating in the Apartments and to purchase supplies and pay all bills therefore. The Agent agrees to secure prior approval on all expenditures in excess of $2,000 for any one (budgeted) item, except in the case of emergencies. B. Maintenance personnel complete all maintenance functions they are capable of doing correctly and promptly. Outside maintenance personnel may be called in to perform maintenance beyond the capacity of staff maintenance personnel. C. Equipment and supplies will be purchased and maintained on-site. An inventory list will be made of this equipment and kept on-site and in the Agent's office. D. The Agent shall prepare for use by the management a Procedures Manual that includes standard maintenance procedures. Maintenance of equipment, provided primarily by contract vendors, will include, but not be limited to, elevators, HVAC systems, wall fans, electric gates, locks and other mechanical equipment. Upon turnover, the interior of every unit shall be cleaned and repainted, as needed, and all mechanical repairs shall be completed, as needed. Floor and window coverings shall be cleaned or replaced, as needed and the apartment fumigated. E. Most of the cleaning and general maintenance will be performed by maintenance staff hired and supervised by the Agent. Should an outside contractor be used, three bids will be obtained and the lowest or most reasonable bid will be selected (with owner approval, if the bid exceeds the authorized spending limit). The Resident Manager reviews and authorizes bills (and packing slips) for payment from outside contractors upon receipt as to cost, items received and work done. F. Residents will be required to report to the site office any items requiring maintenance or repair. Upon notification from a resident of needed repairs, the resident will be asked to complete a work order request. Numbered work orders will be completed in three parts for all maintenance or repair. Upon initiation the resident will retain the third copy. The office staff will then record the work order on the work order log. Upon completion, the maintenance person who completed the work will sign the work order. The original copy of the work order will be placed in the unit maintenance file and the remaining copy will be filed in chronological order with the monthly logs. Non-emergency maintenance or repair requests will be completed within forty-eight hours, and when this is impossible, the resident will be notified immediately as to when the maintenance or repairs will be undertaken. G. Emergency requests will be handled immediately. The Resident Manager will be instructed on how to handle emergency repairs and will have an approved list of vendors to use in the absence of the Agent. Page - 8 - H. The trees, shrubs and other landscaping features will be maintained on a regular basis by a contract vendor. I. An exterminator will be hired to provide an ongoing program of pest control on a monthly schedule. J. A regular preventative maintenance schedule will be established for cleaning and painting gutters, railings, common areas, outside windows, and so on. K. Trash will be removed from dumpsters in the building by the local garbage collection service as often as necessary to maintain the Apartments in a neat, clean and sanitary condition. L. Annual inspections of all units will be performed by the Resident Manager and any damage or housekeeping problems will be identified at that time. M. Normal maintenance and management does not include modernization, refinancing, fire restoration, major rehabilitations, obtaining income tax advice, presenting petitions to planning or zoning committees, advising on proposed new construction or other counseling. N. Semi-annual smoke detector inspections inside each apartment will be done by the on site staff. O. All elevators will be inspected annually for current operating permits and monthly by a licensed vendor. P. All fire extinguishers will be recharged annually and as needed. Q. Maintenance supplies are purchased directly, upon approval, from various maintenance supplies vendors. The IHAC staff conducts periodic price comparisons. VII. Resident Relations. A. Resident grievances are addressed in the written Grievance Procedures, supplied to all residents at move-in. B. Residents' request for maintenance or repairs will be handled as described in paragraph VI(F) above. C. On execution of a lease, or at time of move-in, new residents, including all family members, will be oriented to the house rules and policies. Items reviewed will include the lease, house rules and regulations, maintenance policies, fiscal policies, supervision of children, pet rules and regulations, and emergency safety equipment and procedures. Page - 9 - D.The Owner and Agent are committed to maximizing resident participation in the operation of the Development. The formation of a resident organization will be encouraged. E. Neighborhood watch. A neighborhood watch will be established and implemented with the assistance of the local Police Department. As part of the neighborhood watch, communication with the neighboring Developments was initiated in order to establish a network of communication and develop teamwork within and among the community. VIII. Management Agreement. The Owner-approved management agreement form is used. Approved by Owner: Date Date Page -10 15 CARLSBAD PUBLIC FINANCING AUTHORITY-AGENDA BILL AB# MTG. DEPT. 41 12/01/09 FIN APPROVAL OF THE CROSSINGS AT CARLSBAD GOLF COURSE BUDGET FOR 2010 AND ADDITIONAL APPROPRIATION FOR 2009 DEPT. HEAD -/ CITY ATTY. ,-f^B- CITYMGR. /,*—LA' RECOMMENDED ACTION: It is recommended the Board of Directors of the Carlsbad Public Financing Authority (Authority) adopt Resolution No. 52 approving the 2010 Operating and Capital Budget for The Crossings at Carlsbad Golf Course and an additional appropriation of up to $150,000 for 2009. ITEM EXPLANATION: The Authority is the joint powers entity formed by the City of Carlsbad and Carlsbad Municipal Water District to be responsible for the finance, construction, operation and maintenance of The Crossings at Carlsbad Golf Course (The Crossings) on behalf of the City of Carlsbad, which is the owner of the property. On May 2, 2006, the Authority retained Kemper Sports Management, Inc. (KSM) to manage and operate the golf course and associated improvements. The Crossings opened to the public August 2007. For the Authority's consideration, KSM has prepared a 2010 calendar year operating and capital budget for The Crossings. This operating budget for 2010 is an estimate based on actual operating performance for calendar year 2009 and the experience of KSM with other similar golf courses. The Crossings has been negatively affected by the slow economy especially in golf rounds played and group golf events which has affected the greens fees revenue. KSM has considered the slow economy in developing the proposed budget for The Crossings for 2010. The 2010 Budget estimates that The Crossings will generate operating revenues of approximately $6.0 million which is a 5% increase over the 2009 revised projections. The operating expenses, food and beverage service and debt service, in addition to setting aside funds for future capital needs, is estimated at $7.1 million or approximately 0.8% more than the 2009 projections primarily due to the increase in water and sewer rates, and the Food and Beverage Program, which generates additional revenue to offset the increase in expenses. The annual operating loss is expected to be approximately $1,181,000. In addition to the operating expenses, there are the habitat maintenance and monitoring costs which are estimated at approximately $441,453. The habitat budget and the $1,181,000 for the operating loss would need to be funded by the General Fund. In addition, The Crossings also requires capital projects to continue to improve the health and safety at the golf course as well as other projects that were not anticipated when the construction budget was developed. The total amount requested for the capital budget is $138,000. DEPARTMENT CONTACT: Lisa Irvine 760-602-2430 lisa.irvine@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D \ Page 2 The following chart summarizes the proposed 2010 budget for The Crossings and compares it to the 2009 projections. Projected Revenues Green Fees Food and Beverage Other Projected Expenses Cost of Sales Payroll Other Expenses Revenues Less Expenses Less Capital Reserve Less Payments on Debt Net Income/ (Loss) from Operations Habitat Costs Capital Project Requests Net Cash Flow (General Fund Contribution) Paid Rounds Average Fee per Paid Round 2010 Budget $2,696,358 $2,718,650 $607,680 $945,270 $2,543,323 $2,559,168 ($25,073) $ 52,313 $1,104,000 ($1,181,386) $441 ,453 $138,000 ($1,760,839) 45,000 $59.92 2009 Projections $2,535,438 $2,593,349 $604,133 $884,480 $2,447,192 $2,659,771 ($258,523) $50,709 $1,104,000 ($1,413,232) $522,493 $0 ($1,935,725) 44,209 $57.35 Difference $160,920 $125,301 $3,547 $60,790 $96,131 ($100,603) $233,451 $1,604 0 $231,846 ($81,040) $138,000 $174,886 791 $2.57 Revenues - The majority of the revenues are generated from golf play rates and the food and beverage operations. The golf revenue assumes that there will be approximately 45,000 rounds played of golf or an average of 3,750 per month. There are no proposed changes to the greens fees. Page 3 Expenditures - The expenditures include the golf course, carts, pro shop, driving range, food and beverage, marketing and administrative expenses. In addition, the expenditures include KSM's management fee and performance incentive fee. The management fee for 2010 is $156,000 and the incentive fee is estimated at $76,134. No salary increases or incentive pay are included in the proposed budget for 2010. Capital Reserve - 2% of greens fee revenues will be set aside for a capital reserve, capital reserve for 2010 is estimated to be approximately $52,313. The Payments on Debt - The Authority issued $18.5 million of tax exempt bonds to help finance the construction of the golf course. The budget for debt service payments for 2010 is $1,104,000 which is sufficient to cover the debt service requirements. Habitat Costs - The development permits on the golf course require the restoration and maintenance of large areas of habitat for 5 years or as long as it takes the habitat to become established. It is estimated that the habitat costs may be $5 million over the five year period. Costs are anticipated to be higher in the initial years and then will decline as the Coastal Sage Scrub and other native plants and animals are better established. One of the more significant costs during this time period is water. The mitigation areas require watering until the plants are well established. Once established and accepted, the habitat created is anticipated to require no irrigation and a minimal level of monitoring and maintenance. Once the habitat areas are established, it is expected that the golf course operating revenues would be sufficient to cover all the costs of operation including habitat maintenance which is expected to drop to a minimal level after establishment. The proposed 2010 budget assumes $441,453 for habitat maintenance and monitoring. The budget assumes that watering will be discontinued beginning in July 2010 to help return the habitat to its natural state. 2010 Capital Projects - The request is for several projects to help improve the public safety of the golf course as well as improve the payability and conditions of the course and grounds. The chart lists the projects requested for 2010. 2010 Capital Improvement Projects 1. 2. 3. 4. 5. 6. 7. Trencher for Drainage Add Steps on East Side of Clubhouse Banquet Supplies (e.g. wedding arch, induction table top burners, dual lamp carving station, etc.) Grease Hood to Replace Steam Hood Penetrant Pumps (2) for soil conditioning Split Rail Fencing between Holes 2&7 and 1&8 Banquet Chairs (50% replacement) TOTAL $ $ $ $ $ $ $ $ 15,000 13,500 12,000 25,000 6,000 16,500 50,000 138,000 Page 4 2009 BUDGET REVISIONS: The Crossings has been negatively impacted by the recession, especially in total rounds played and group golf events which have affected the green fees collected. As a result of the decline in golf revenues, KSM has revised The Crossings budget for 2009 reducing the expenditures accordingly. For 2009 the total revenues for The Crossings is expected to be $5.7 million, down approximately $650,000 from the original budget, primarily due to green fees revenues. The Crossings expenditures are expected to be $7.7 million, a reduction of approximately $500,000 from the original budget. The $500,000 in expenditure reductions included eliminating the capital program of $197,950. Even with these significant budget savings, The Crossings budget may require up to an additional $150,000 appropriation increase to end the calendar year. The original subsidy projected for The Crossings for 2009 was $1,792,178. Due to the economy and increase in water and sewer rates, the revised projected subsidy for 2009 could be up to $1,936,000 or an increase of approximately $150,000. The attached resolution authorizes an appropriation and advance of up to that amount, if needed (Exhibit 1). The actual additional appropriation needed will be finalized once the books are closed at the end of the calendar year. FISCAL IMPACT: After paying the debt service and setting aside funding in a capital reserve, The Crossings is projected to have an operating net loss of $1,181,386 for calendar year 2010. There is $138,000 requested for capital projects and an additional $441,453 for habitat maintenance and monitoring. The total requested from the General Fund Reserve for the 2010 budget will be approximately $1,760,839. Included in the General Fund's Ten Year Financial Forecast for FY 2009-10 is an advance of approximately $1.83 million to cover six months of calendar year 2009 and six months of calendar year 2010 projected shortfalls for the golf course. In the Ten Year Financial Forecast, the $1.83 million is split between two calendar years since The Crossings budget is on a calendar year and the City of Carlsbad is on a July-June fiscal year. The advance from the General Fund Reserve does not impact the General Fund day to day operations. In the future, when the golf course is able, the advance will be returned to the General Fund. In the golf course business, if demand for golf course services is higher than anticipated, then corresponding revenues and expenditures may also be higher than anticipated. As occurred in the 2009 budget, it is once again recommended that the Authority authorize the Executive Director the discretion to approve additional expenditures above the 2010 Operating Budget if there are additional revenues generated above the revenue budget to cover the proposed expenditures. For example, if revenues generated are 105% of the budget, then the Executive Director would have the discretion to approve additional expenditures up to the amount of the additional revenue generated. In addition, due to the demand for food and beverage services which are generally independent from golf course operations, it is recommended that the Authority authorize the Executive Director the discretion to approve additional expenditures with the 2010 Food and Beverage Program if there are additional revenues generated above the Food and Beverage Program revenue budget to cover the proposed additional expenditures. For this purpose, the Food and Beverage Program will be considered separate from other golf PageS course operations. This will be especially needed if there is more demand for catered events than originally budgeted. The Crossings budget may require up to an additional $150,000 appropriation increase for calendar year 2009. This would bring the total advance from the General Fund to The Crossings to approximately $1,936,000 for 2009. The advance is from the General Fund Reserve and does not impact the General Fund day to day operations. ENVIRONMENTAL IMPACT: On June 7, 2000 the Planning Commission adopted Resolution No. 4772 certifying the Environmental Impact Report for the Carlsbad Municipal Golf Project, and the operation of the golf course and maintenance and monitoring of habitat areas are within the scope of the EIR. The operation, repair, maintenance and leasing or minor alterations of existing facilities falls within the categorical exemption specified in CEQA guidelines Section 15301, Class 1 and has been determined not to have a significant effect on the environment and exempt from the provisions of CEQA. EXHIBITS: 1) Resolution No. 52 approving the 2010 Budget for The Crossings and additional appropriation for 2009. 2) 2010 Summary Budget for The Crossings. Exhibit 1 1 RESOLUTION NO. 52 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD PUBLIC FINANCING AUTHORITY 3 APPROVING THE 2010 BUDGET FOR THE CROSSINGS 4 AT CARLSBAD AND ADDITIONAL APPROPRIATION FOR 2009. 5 6 WHEREAS, the Carlsbad Public Financing Authority, hereafter the "Authority", 7 has previously entered into a contract with Kemper Sports Management Incorporated 8 for the operation and maintenance of the Carlsbad City Golf Course, The Crossings at 9 Carlsbad Golf Course, hereafter referred to as "The Crossings"; 10 WHEREAS, Kemper Sports Management has developed a proposed 2010 11 Operating and Capital Budget for The Crossings. 12 WHEREAS, Kemper Sports Management estimates that The Crossings requires up to an additional $150,000 budget appropriation for the 2009 Operating Budget due to the negative impacts of the economic recession. 16 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the 17 Carlsbad Public Financing Authority of the City of Carlsbad, California, as follows: 1 8 1. That the above recitations are true and correct. 19 2. That the proposed 2010 Operating and Capital Budget for the Crossings is 20 approved as summarized in Exhibit 2. 21 3. That the Authority does hereby grant the Finance Director, at the direction 23 of the CPFA Executive Director, to provide advances as needed from the General Fund 24 Reserve for anticipated operating losses and capital costs for The Crossings. 25 4. That the CPFA Executive Director at his/her discretion is authorized to approve expenditures above the 2010 Operating Budget if there are sufficient revenues 27 generated above the 2010 Operating Budget to cover these additional expenditures. In 28 Exhibit 1 1 addition, if the Food and Beverage Program revenue is higher than the 2010 Food and 2 Beverage Budget, then the CPFA Executive Director is authorized to approve 3 expenditures within the Food and Beverage Program up to that additional revenue 4 generated over the 2010 Budget estimate. 5 5. That the Finance Director has the authority to provide an appropriation 6 and advance from the General Fund up to an additional $150,000 for The Crossings 2009 Budget as needed to compensate for the reduction in The Crossings revenues o 9 due to the economic recession. 10 // 11 // 12 // 13 // 14 // 15 // 16 // 17 18 " 19 " 20 // 21 // 22 // 23 „ 24 // 25 // 26 // 27 28 Exhibit 1 1 2 PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of Directors of the Carlsbad Public Financing Authority on the day of 4 2009, by the following vote: 5 " 6 AYES: 7 NOES:8 ABSENT: 10 11 12 n CLAUDE A LEWIS, Chairman of the Board 13 14 ATTEST: 15 16 17 LORRAINE M. WOOD, Secretary (SEAL) 18 19 20 21 22 23 24 25 26 27 28 Exhibit 2 2010 Tfte Crossings at CarJsbad Budget Summary front & Loss Statement For the Twelve Month* Ended December 31, 2010 Description REVENUES: •'(•SC chCP 'V'CT G£ CFri'JTr-R FCOO a BEVtRAGE .NJRA^CN FEES .••tCfiV-l^'o^EG I'ICOr'E '"NEPAL A.ND £CV,N,'ST:'ATIVE TOTAL REVENUES COST OF SALES: PRO SHOP I-COD A BEVERAGE TOTAL COST OF SALES MERCHANDISE COGS % FSB COGS % PAYROLLCOURSE AND GROUNDS CARTS PRO SHOP PRACTICE CENTER FOOD A EEVrRAGE MARKETING GENERAL AND ADMINISTRATIVE TOTAL GROSS PAYROLL PAYROLL TAXES & BENEFITS TOTAL PAYROLL EXPENSE OTHER EXPENSES: COURSE AND GROUNDS CARTS PRO SHOP PRACTICE CENTER FOOD 8 BEVERAGE MARKETING GENERAL /.NO /.D?.'IN:STRAT;vE TOTAL OTHER EXPENSES TOTAL EXPENSES EBITDA CAPITAL RESERVE PAYMENTS ON DEBT CAPITAL EXPENDITURES NET INCOMD(LOSS) FROM OPERATIONS HABITAT COSTS NET CASH FLOW BUDGETED ROUNDS - TOTAL ELDGETED 18 MOLE ROUNDS BUDGETED 9 HOLE ROUNDS January 177.533 300 24.830 17,000 144.265 50 363,878 11,223 42.971 54,193 670% 31.5% 44,938 11,452 18.600 52,582 13,000 2A420 161.992 29,359 191,350 57.413 16,210 5.558 500 20.91 1 19,146 55,234 174,»72 420,515 158.538) 3,474 92,000 (152.012) (36.921) (188,933) 2,750 2,664 ee February 166.340 400 24.860 17,000 114.663 50 323,313 12.362 35.147 47,509 67.0% 31 7% 41,153 10,408 17.993 44.642 13,000 20,964 148,161 28,566 176,727 60,813 16,210 3,428 3.025 13.708 9.9B5 ^2,384 159,553 383,788 (60,475) 3,240 92,000 (155,715) (41.778) (197,494) 2,650 2,550 100 March 212.213 450 30,400 19,000 181.054 50 443,167 16.060 51.259 67,338 67.0% 30.7% 44,938 12.205 16,894 60,946 15,060 21,420 173,453 31,240 204,694 69,163 15,760 2,540 760 26.111 9,680 57.975 181,879 453,912 (10.74S) 4,144 92.000 (106,890) (52.167) (159,057) 3,500 3.353 147 April 218,794 400 32,030 20.000 205.394 50 478.668 17,085 59,773 7>,85> 670% 31 2% 46.590 12,120 19.008 64,441 13,000 21,268 176,428 30.496 208,924 80.373 16,010 3.825 3.275 21.111 10.986 51.384 188,983 470.746 5.923 4,261 92,000 53,500 (143,839) (32.502) (178,341) 3,700 3,561 139 May 236,762 400 30.890 21,000 245,200 «> 534,302 16.415 66,833 83448 670% 30.1% 47,949 13,073 19,231 70,197 13,000 21.420 184,871 29,794 214.684 99.103 16.260 2,815 250 32,236 3.560 56.950 211,174 509,086 25,218 4,610 92,000 34.506 (105,895) (53,337) (159,232) 4.100 3,955 145 June 245.662 400 32,980 21,000 261,579 50 561,671 17.420 70,202 87,622 67.0% 296% 46,590 13.341 19.203 73.315 15.050 21.268 188.768 30,616 219,384 109,903 16.260 3,366 3,275 29.861 7,105 58.259 228,028 535.035 26.630 4,778 92,000 (70,142) (54.873) (125,015) 4,350 4,244 106 .July 286.897 450 36,360 21,000 268,573 50 613,330 19,095 72.773 91,888 67.0% 29.5% 7.949 3,786 9,432 1,743 3.000 21,420 187,331 40.582 227,913 106,403 16,760 6.508 1.675 32,393 6,221 58.934 228,794 548.575 64,755 5,595 92.000 (32,841) (26,360) (59,201) 5,100 4.960 140 August September 296,183 450 36.550 21,000 334,193 50 688,428 19,095 84.952 104,047 67.0% 29.4% 47,949 13.786 19.432 81,429 13,000 21,420 197,016 40,512 237,529 1 10,953 16.760 2.278 3,275 41.911 4.585 60,734 240.4M 582,072 105.354 5.777 92,000 8,577 (27,926) (19,349) 5JOO 4,896 202 240.892 450 30.400 20,000 264.259 50 558,650 16.080 72,053 88.133 670% 30.1% 47.864 12,377 19,008 71,161 15.050 21^268 186.729 36.390 223,120 126,853 16.760 2.030 500 29.311 9.080 57.859 242,393 553.646 2,405 4.671 92.000 (94,266) 129,743) (124,010) 3,900 3,747 153 October November December 2010 Budget % Revenue 211.246 450 33,280 19,000 264,707 50 528,792 15.913 72,397 88,310 67.0% 30.1% 49,265 12,205 18,983 72,478 13.000 21A20 187,351 34.430 221,781 124.103 16,760 7,650 3,026 33,111 11,635 53,884 250,168 560,259 (31,527) 4.064 92.000 (127,590) (16.895) (144,486) 3,850 3r702 148 198.421 400 27.100 16,000 194.942 50 438,913 12,563 57,550 70,113 67.0% 31.3% 43,676 11.151 18.398 56.470 13,000 21,268 163,964 30,931 194,895 92.763 15,760 3,883 500 24,611 3.535 51.284 192,336 457,344 (20.430) 3.792 92,000 (116,222) (35,217) (151,440) 3,100 2.987 113 205,415 300 34,550 16,000 239,823 50 498,1 38 16,750 69,280 86,030 67.0% - 30.7% 44,938 11.452 18.600 78.635 15.050 21,420 190,095 34,246 224,341 77,263 16.010 3,775 1.675 29,961 4,935 128.793 262,412 572.783 (70,645) 3,905 92.000 50,000 (222,550) (33.730) (256,280) 2,900 2,800 100 2,696.356 4,850 374.230 228.000 2.718.650 600 6,022,618 190,079 755,101 943,270 67.0% 30.3% 553,800 147.358 226,763 798.038 164.200 255,980 2,146,159 397,163 2,543,323 1,115.106 195.520 47.655 21.625 335.236 100,352 743.674 2.559,168 6,047,761 (23.072) 52.313 1.104.000 136.000 (1,319,385) (441,453) (1,760,838) 45,000 43,420 1 580 4477% 0.08% 6.21% 3.79% 45.14% 0.00% 000% 001% 100.00% 9.20% 2.46% 3.77% 0.00% 13.26% 2.73% 4.25% 35.63% 6.59% 4223% 1852% 326% 079% 0.36% 5.57% 1.67% 12.35% 42.49% 10042% 4.42% 0.87% 18,33% 229% -21.91% 2009 Prcj 2.535.438 4.388 372.495 226,959 2,593,349 291 5,732,920 186,787 697.693 884,480 67.9% 29.7% 553.748 141.827 222,628 722.853 134.392 254,568 2.030.017 417.175 2,447,192 1,055.307 187,890 48,216 16,703 369,099 100.031 882.524 2,659,771 5,991,443 (258,523) 50,709 1,104,000 (1,413,232) (522,493) (1,935,725) 44.209 42713 1.496 f Change % Change 160,920 462 1.735 1.041 125.301 309 289.788 3,292 57.498 60,790 52 5.531 4.155 75.185 29.808 1,411 116.142 (20,012) 96,131 59.799 7.630 (561) 4.922 (33.863) 321 (138.849) (100,603) 56,318 233,451 1,604 138.000 93.848 81,040 174,886 791 707 84 6.35% 1053% 0.47% 046% 4.83% 106.19% 5.05% 1.76% 8.24% 687% 001% 390% 1.87% 10.40% 22.18% 0.55% 5.72% -4.80% 3.93% 567% 4.06% -1.16% 29.46% -9.17% 0.32% -15.73% -3.78% 0.94% -90.30% 3.16% 000% 664% '15.51% 9.03% 1 79% R12 2,706.314 5,648 384.058 244.568 2,465,915 (3,571) 5,801.930 199.054 676,241 875,295 68.3% 30.1% 546,470 148.800 233,952 712,269 392.301 2.032.792 393.381 2.426,153 991,586 189.498 52.846 19.024 347.347 106.133 997.950 2,704,385 6,005,833 (203,903) 53,512 1,104,000 9,404 (1,370.819) (505,633) (1,875,452) 31,798 30,560 1,238 2008 Actual 3,239,147 6.503 436.691 270.364 2.350.058 6,221 6,310,984 234,368 687.492 921,880 69.5% 31.3% 557,664 163,613 264.834 732.535 391,679 2.100.325 388,679 2,489,004 976,186 190.022 50.892 18,558 264.906 106.317 966,407 2,573,288 5,984,172 326,812 84,196 1.104.000 246.082 (1.087/M6) (589.139) (1,676,606) 37239 35,966 1,273 16 CITY OF CARLSBAD - AGENDA BILL 20.053AB# MTG. 12/1/09 DEPT. ENG PROPOSED DEL MAR FAIRGROUNDS PERMANENT SEASONAL RAIL PLATFORM DEPT. HEAD CITY ATTY. CITY MGR. fjj. -- RECOMMENDED ACTION: Adopt Resolution No. 2009-298 expressing support for the construction of the Del Mar Fairgrounds Permanent Seasonal Rail Platform. ITEM EXPLANATION: On November 2, 2009, Carlsbad resident Richard Eckfield spoke to the City Council under Public Comment and asked Council to support the construction of a rail platform at the Del Mar Fairgrounds by adopting a resolution. Mayor Lewis previously indicated support of the project by sending a letter on April 24, 2008 to the Deputy General Manager of the Del Mar Fairgrounds urging that the planning efforts to implement the railroad platform move forward. The permanent seasonal rail platform was discussed by the SANDAG Transportation Committee, represented by elected officials, on November 6, 2009 as part of Agenda Item 10, San Dieguito River Bridge and Del Mar Fairgrounds Platform Feasibility Studies. Earlier this year on May 15, 2009, the Transportation Committee also discussed the permanent seasonal railroad platform. The connotation of a permanent seasonal rail platform is that the platform would be in use for events held at the Del Mar Fairgrounds and would not be an everyday railroad stop. Funding availability is one of the major constraints to the efforts to plan, design, and construct the permanent seasonal rail platform at the Del Mar Fairgrounds. Although SANDAG was unsuccessful in obtaining stimulus funding for this project, SANDAG Executive Director Gary Gallegos indicated to the Transportation Committee that his staff is aggressively exploring other funding options. There are two options for the siting of a permanent seasonal rail platform at the Del Mar Fairgrounds. One is to construct a 600-foot platform and the other a 1,000-foot platform. The former has an estimated cost of $3.7 million and the latter has a cost estimate of $5.3 million. Both options require an elevated platform to be constructed on the east side of the railroad tracks with ramps and steps leading directly into the Fairgrounds parking lot. Either option requires the construction of a second track over the San Dieguito River so as to allow one train to pass and one train to be at the platform. However, construction of a second track would fill in wetlands and thus, costly environmental mitigation would be required, in addition to the costs of constructing a second track. Because a new bridge over the San Dieguito River will be taller than the existing, compatibility issues result with the proposed rail platform that could possibly require the platform to be moved further north. Unfortunately, a location further north would not be compatible with the 22nd District Agricultural Association proposed master plan for the Fairgrounds. As a result, further detailed studies will be required to analyze the project feasibility, environmental mitigation, and cost. DEPARTMENT CONTACT: Robert T. Johnson, Jr., P.E. 760-602-2752 bob.iohnson@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D Dn D Page 2 Although a difficult project to bring to fruition, construction of the proposed rail platform has benefits. Mitigation of existing and future traffic congestion can be realized when the public is offered a choice as to their preferred mode of travel. A permanent seasonal rail platform constructed at the Del Mar Fairgrounds would provide the rail option as an alternate to the use of vehicles that create congestion on the freeway and surface roads. ENVIRONMENTAL IMPACT: Support of further studies to be conducted by SANDAG to determine the feasibility of the permanent seasonal rail platform at the Del Mar Fairgrounds does not constitute a "project" pursuant to Section 15378(b)(5) of the California Environmental Quality Act (CEQA) and no environmental review is required. FISCAL IMPACT: Support of the necessary studies to be initiated by SANDAG to examine the feasibility of a permanent seasonal rail platform at the Del Mar Fairgrounds will not result in a fiscal impact to Carlsbad. EXHIBITS: 1. Location Map. 2. Resolution No. 2009-298 expressing support for the construction of the Del Mar Fairgrounds permanent seasonal rail platform. 3. Letter by Mayor Lewis dated April 24, 2008. 4. SANDAG November 6, 2009 Transportation Committee Agenda Item No. 10, San Dieguito River Bridge and Del Mar Fairgrounds Platform Feasibility Studies. LOCATION MAP SITE NOT TO SCALE PROJECT NAME PERMANENT SEASONAL RAIL PLATFORM EXHIBIT 1 DRAWN BY: SCOJT EVANS. CARLSBAD ENGINEERING DEPT. 11/16/09 ft \TRAFFIC\JOHNSON\DEL UAK KM. PLAirORU.DHG 3 1 RESOLUTION NO. 2009-298 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, EXPRESSING SUPPORT FOR THE CONSTRUCTION OF THE DEL MAR FAIRGROUNDS 4 PERMANENT SEASONAL RAIL PLATFORM. 5 WHEREAS, traffic congestion will continue to increase on Interstate Highway 5 and on 6 local roads; and 7 WHEREAS, increased traffic congestion has negative impacts to the environment; and 8 WHEREAS, options must be explored and implemented to minimize the number of 9 vehicles utilizing the roadway system to reach major destinations such as the Del Mar 10 Fairgrounds; and11 WHEREAS, improved rail service to the Del Mar Fairgrounds by the ultimate construction of a permanent seasonal rail platform would provide transportation alternatives for 1 w visitors to the Del Mar Fairgrounds; and14 WHEREAS, studies and investigations are encouraged to be initiated by SANDAG ton o determine the feasibility and cost of a permanent seasonal rail platform at the Del Mar Fairgrounds; and17 WHEREAS, SANDAG should explore all potential funding sources to use for the studies18 and investigations necessary that would lead to the construction of a permanent seasonal raili y „„ platform at the Del Mar Fairgrounds. 21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 22 California, as follows: 23 1. That the above recitations are true and correct. 24 2. The City Council encourages SANDAG to explore and secure all potential 25 funding sources to study the feasibility of designing and ultimately constructing a permanent 26 seasonal rail platform at the Del Mar Fairgrounds. 27 3. The City Council supports the construction of a permanent seasonal rail platform 23 at the Del Mar Fairgrounds. 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the 2 City of Carlsbad on the day of , 2009, by the 3 following vote, to wit: 4 AYES: 5 NOES: 6 ABSENT: 7 8 n CLAUDE A. LEWIS, Mayor 9 10 ATTEST: 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LORRAINE M. WOOD, City Clerk 13 (SEAL) City of Carlsbad Office of the Mayor April 24, 2008 Rebecca Bartling Deputy General Manager Del Mar Fairgrounds 2260 Jimmy Durante Blvd. Del Mar, CA 92014 Dear Ms. Bartling, NOV 10 2009 DEPARTMENT ndAs Mayor of the City of Carlsbad, I urge the 22 Agricultural Association to place a priority on the development of a rail platform, north of the San Dieguito River where it has been shown on the master plan for the fairgrounds for the past 23 years and to show such a train stop in the "near-term" projects listing of the proposed activities in the proposed revised master plan. Traffic congestion at the Del Mar Fairgrounds is an issue which affects all residents of San Diego, not just the residents surrounding the fairgrounds. With the increasing price of gasoline, the need to be concerned about air pollution, and the importance of saving time for Carlsbad residents by not having them sit in traffic gridlock as they travel south on 1-5 or Hwy. 101, it is imperative that the 22nd District Agricultural Association move forward with the construction of this train stop. I also urge SANDAG to expedite the planning and design of such a platform in conjunction with the planning to provide a second rail for the main track at that location. A train stop for the Coaster and Amtrak at that location would have the obvious benefit of allowing patrons of fairground events to take the train to the fairgrounds and walk directly to the event or activity. I urge that this project move forward with all possible speed. Sincere! CLAUDE A. "BUD" LEWIS Mayor mhs 1200 Carlsbad Village Drive « Carlsbad, CA 92008-1989 • (760) 434-2830 • FAX (760) 720-9461 San Diego Association of Governments TRANSPORTATION COMMITTEE November 6, 2009 ^j f\ AGENDA ITEM NO.: I W Action Requested: INFORMATION SAN DIEGUITO RIVER BRIDGE AND DEL MAR FAIRGROUNDS File Number 1142900 PLATFORM FEASIBILITY STUDIES Introduction SANDAG, with assistance from the North County Transit District (NCTD) and the 22nd District Agricultural Association (22nd DAA), recently completed two studies for improvements on the Los Angeles-San Diego-San Luis Obispo Rail Corridor Agency (LOSSAN) corridor. The first is the Project Study Report (PSR) for the San Dieguito River Bridge Replacement and Second Track Project and the second is a similar Final Conceptual Engineering and Environmental Constraints Report for a proposed permanent seasonal rail platform at the Del Mar Fairgrounds. Discussion Proposed San Dieguito River Bridge Replacement and Second Track Project The existing mainline track crosses the San Dieguito River and lagoon on a 1,100-foot single track wood trestle bridge built in 1916 and continues north on an embankment to the Via die la Valie overpass. Like all the wood trestles along the LOSSAN corridor, this bridge requires regular and expensive maintenance. The southern end of the structure currently sits within the 50-year flood plain. This is well below the standard Federal Emergency Management Agency (FEMA) 100-year flood plain. A Project Study Report has been prepared investigating the replacement of the existing single-track bridge and adding a new 1.1 mile segment of second main track between the existing double-track segments in Solana Beach and Del Mar, resulting in a combined total double-track segment of 2.8 miles (Attachment 1). Eight alternatives were studied with a construction cost ranging between $75 million and $98 million in 2009 dollars. The alternatives include the construction of a single, double-track bridge or two parallel single-track bridges. Both alternatives would involve the removal of the existing timber trestle bridge and be built within the existing NCTD right-of-way. All alternatives also would require the trackway and bridge be constructed at a higher elevation in order to pass a 100-year flood. A Program Environmental Impact Report/Environmental Impact Statement (PEIR/EIS) for the San Diego to Los Angeles portion of the LOSSAN Rail Corridor was finalized in 2007. It called for no net loss of jurisdictional wetlands in accordance with Section 404 of the Clean Water Act. The proposed new double track between Solana Beach and the new bridge will require new fill to be placed in the wetlands. Therefore, to offset this encroachment the new bridge(s) will have to be longer than the existing structure to ensure no net loss of wetlands or suitable wetlands mitigation will need to be identified. The PSR identified many high environmental constraints for this project. In addition to the wetlands issues described above, biological resources including habitat for endangered and threatened species will likely be impacted. The project also is in the Coastal Zone as defined by the California Coastal Act. It should be noted that the San Dieguito Lagoon Restoration Project, a project funded by Southern California Edison and scheduled for completion in calendar year 2010, will retrofit the existing bridge to permit dredging of the lagoon to improve tidal flushing. This is a stand-alone project that does not effect the conclusions drawn in the PSR; the existing bridge will still need to be replaced and elevated because of the existing structural and floodplain deficiencies. Proposed Del Mar Fairgrounds Permanent Seasonal Rail Platform Project The draft Del Mar Fairgrounds Permanent Seasonal Rail Platform Conceptual Engineering and Environmental Constraints Report was presented to the Transportation Committee on May 15, 2009. Since that time the study has been finalized and it has been studied in conjunction with the adjacent San Dieguito River Bridge Replacement and Double-Track Project. The seasonal platform study presented two options: a 600-foot platform that could accommodate approximately 1,900 passengers with an estimated construction cost of $3.7 million, and a 1,000- foot platform that could accommodate 3,200 passengers with an estimated construction cost of $5.3 million. (Daily rail ridership between the Solana Beach Train Station and the Fairgrounds during the 2008 Del Mar race season ranged from a low of 550 to a high of 6,500.) Both options plan for an elevated platform on the east side of the trackway with ramps and steps directly to the Fairgrounds parking lot. Siting the platform in this location with direct access to the Fairgrounds was a joint effort by SANDAG, NCTD, and the 22nd DAA staff that works in terms of both easy access to events and compatibility with the DAA's draft master plan for the Fairgrounds. The platform and trackway are both elevated in this location in order to clear the floodplain and to meet grade elevations before reaching Via De La Valle. Both options also require the construction of a second track over the San Dieguito River in order to allow for one train to be at the platform while another passes so as not to disrupt service. SANDAG has received one stakeholder request to phase the construction of the San Dieguito bridge and double track with the goal of getting the seasonal platform built sooner. The request proposes construction of a new double track from Solana Beach to the existing San Dieguito bridge with a platform constructed on the existing track north of the existing bridge. In order not to impact the existing bridge, the platform would be at the far north end of the Fairgrounds property. It should be noted that this location is not compatible with the 22nd DAA's proposed master plan This proposal deserves further study; however, initial investigations show there are a number of issues that may be difficult to resolve. In order for the proposed platform to be compatible with the new taller bridge, it may have to be moved even further north to allow for the transition to the higher grade. The double track also would require new fill in the wetlands requiring mitigation since the existing bridge would remain in place and would not be lengthened. Finally, a preferred alternative to replace the existing San Dieguito bridge has not been adopted since detailed engineering and environmental studies have not been performed. The preferred alternative may not be at the alignment or elevation that is compatible with the platform at this location. However, each of these issues could potentially be resolved or mitigated during the project development process. Next Steps These projects are currently on hold due to lack of available funding to continue the development of either the San Dieguito Bridge Replacement and Second Track Project or the Del Mar Fairgrounds Permanent Seasonal Rail Platform. SANDAG recently prepared a detailed application for federal stimulus funds for both projects and submitted this to the state for transmittal to the Federal Railroad Administration (FRA). However, the state chose to only transmit high-speed rail project applications by the October 2, 2009, FRA deadline. Staff will continue to look for funding opportunities in order to continue the development of both projects. BC Directorbftvlobility Management and Project Implementation Attachment: 1. Map of San Dieguito River Bridge and Del Mar Fairgrounds Study Area Key Staff Contact: Jim Linthicum, (619) 699-1970, jlin@sandag.org Attachment 1 Engineering Study Area | ] (study area extends north and south of this figure) SOURCE: AirPhoto USA, 2007; SanGIS, 2009; BRG Consulting, Inc., 2009 10/29/09 • gm | • anI BRG CONSUL • H I I • NG INC. San Dieguito River Bridge and Del Mar Fairgrounds Study Area ATTACHMENT 1 F:\projects\954 Del Mar PlattormXAttachment 1 Engineering Study Area.mxd